Provincial
Insolvency Act
(V of 1920)
5.2(I)
clause (e) “Secured creditor meaning of
A secured creditor means a person how
mortgage, charge or lien on the property debtor or any part thereof as a
security for due to him from the debtor.
An attachment under the Civil Procedure has
only the effect of preventing a transfer property attached or of any interest
therein attachment does not create in favour of the judgment-creditor any
mortgage, charge or lien over attached property which would entitle the
judgment creditor to claim to be a secured creditor in respect of the attached
properties.
Chandpur Mills
Ltd Vs. Economic Aid Corporation (1959) 11 DLR 459.
S. 17: Proviso: Proviso to section 17 the
Insolvency Act gives the secured creditor authority to realise or otherwise
deal with the security independent of the winding up proceeding.
Uttara Bank.
vs. M/S Rahman Biscuit Factory Ltd. (1980)
32 DLR 45.
S.51. The
position of an attaching creditor under the Company’s Act is similar to that a
Provincial Insolvency Act.
Chandpur Mills
Ltd Vs. Economic Aid Corporation (1959) 11 DLR 459.
Provisional
Constitution Order 1969: Article 5(c): After promulgation of the Provisional Committee.
Constitution Order, High Court has no power to call in question any finding,
judgment or order of a Military Court—Constitution abrogated, keeping a part
alive—provision of Martial Law Regulation or Orders prevails over the
Constitution.
Miss Khadja
Bibi Vs. The State, (1969) 21 DIR 618.