BAI HIRA DEVI AND OTHERS versus THE OFFICIAL ASSIGNEE OF BOMBAY

BAI HIRA DEVI AND OTHERS versus THE OFFICIAL ASSIGNEE OF BOMBAY

Section 92 of the Indian Evidence Act is inapplicable to proceedings between the official assignee and the donees. Appellants are entitled to lead evidence in support of their plea that the deed of gift was actually a transfer for consideration, since the official assignee is not acting as a representative-in-interest of the insolvent.

Parties
Appellants: Bai Hira Devi and Others; Respondent: The Official Assignee of Bombay
Jurisdiction
India
Judgment Date
20 February 1958
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Bombay High Court
Outcome
Appeal allowed; case remanded.
Legal Topics
Applicability of Section 92 of Evidence Act, Voidable Transfers Under Presidency Towns Insolvency Act
Insolvency Law Evidence Law Applicability of Section 92 of Evidence Act Voidable Transfers Under Presidency Towns Insolvency Act

Case Brief

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Parties

Bai Hira Devi and Others

Appellants

The Official Assignee of Bombay

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Bombay High Court

Legal Issues

  1. 1 Whether section 92 of the Indian Evidence Act bars evidence showing a gift is a transfer for consideration when challenged by the official assignee
  2. 2 Whether the official assignee is a representative-in-interest of the insolvent for purposes of section 92

Ratio Decidendi

Section 92 of the Indian Evidence Act is inapplicable to proceedings between the official assignee and the donees. Appellants are entitled to lead evidence in support of their plea that the deed of gift was actually a transfer for consideration, since the official assignee is not acting as a representative-in-interest of the insolvent.

Court Disposition

Appeal allowed; case remanded.

Orders

  • Decree passed by Bombay High Court set aside.
  • Appeal remanded for disposal on merits according to law.