Receiver
Receiver legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Receiver appointed under O. XL, R. 1 C.P.C. is ordinarily an impartial and indifferent person between parties to a cause, appointed by Court to receive and preserve property in litigation
Receiver is officer of Court through whom equity takes possession of property, preserves it from waste and destruction, secures and collects proceeds and ultimately disposes them of according to rights and priorities of those entitled thereto.
If applicant for appointment of receiver alleges facts which lead to conclusion that there is danger of property being wasted, use of specific words like "damage" or "wastage" in application was not necessary.
Art. 185 (3) read with Civil Procedure Code (V of 1908) O. XL- Receiver-Appointment of-Plea of petitioner being in possession of property in dispute appearing to be well-founded-Contention that person in bona fide possession of property cannot be deprived of its possession by appointment of 4 Receiver-Question whether Receiver in instant case was appointed on correct legal principles requiring further consideration-Leave to appeal granted.[Receiver].
Receiver Suit against-Receiver appointed by High Court in a case pending' on original side of such Court-Proper course in case of any grievance against Receiver : To apply to High Court and not to file civil suit in a subordinate Court.
Receiver -Property received under Court's order-Cannot be claimed to be held by Receiver in his own right-Civil Procedure Code (V of 1908), O. XXI, r. 99.
Enquiry during examination and passing of Receiver's account, a summary enquiry-Questions relating to system of management or for accounts on basis of willful default or negligence-Beyond the scope of such inquiry-Civil Procedure Code (V of 1908), O. XL, r. 1.
Receiver Whether would be appointed where a partnership is alleged on one side and denied by the other.
"Receiver", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/3500
Precedents & Case Laws citing "Receiver"
1986 M L D 1998
KHUBCHAND and others‑‑Plaintiffs Versus ACHARYA TEJENDRA PRASADJI and others‑‑Defendants
Court: KarachiP L D 1978 Karachi 1093
MOTHERWELL BRIDGE CONTRACTING & TRADING Co. LTD.‑ — Plaintiff Versus RIAZ ALI KHAN ETC.‑Defendants
Court: ‑‑ S. 20 read with Civil Procedure Code (V of 1908), O. XL, r. 1 Appointment of receiver‑Discretionary with Court‑Powers of Court not controlled by Advocate's statement withdrawing application for appointment of receiver and Court can appoint receiver notwith standing such withdrawal should it be just and convenient to do so-- Court also not to be guided for appointment of a person of choice of parties‑Absolute disinterestedness‑Indispensable qualification for a receiver‑Party to litigation‑Not to be appointed as receiver except under very special circumstances or with consent of other parties- One of proposed receivers a Financial Adviser of plaintiff while other an Advocate for defendant‑Creditors vehemently opposing such appointments on ground of parties being in collusion and such receivers being interested in parties‑No wastage alleged by parties and parties failing to make out a prima facie case for appointment of receivers‑Applications for appointment of receivers to carry on business of joint ventures, to effect settlement of accounts, to effect realisations and payments, and generally to wind up all affairs covered by joint venture agreements between parties, in circumstances, dismissed.‑Receiver.1968 P L D 135
COMMISSIONER OF INCOME-TAX, BOMBAY CITY II Versus COURT RECEIVER
Court: Bombay (India)2002 P T D 1049
COMMISSIONER OF INCOME-TAX Versus JOHNY JOSEPH
Court: 241 I T R 423P L D 1986 Karachi 432
MESSRS HOTEL PLAZA INTERNATIONAL‑Petitioner Versus PAKISTAN TELEVISION CORPORATION LTD. Respondent
Court: ‑‑ Rr., 3 (3) (a) (b) (c) & 2 (2) ‑‑ Words "television ,receiving apparatus" and `holder"‑Definition‑Fee is levied not on the 'use of television receiving apparatus but on its possession‑"Holder" of a television receiving apparatus is required to obtain licence.‑‑Words and phrases.2003 P T D 602
MUHAMMAD TUFAIL Versus SECRETARY, REVENUE DIVISION, ISLAMABAD
Court: Federal Tax OmbudsmanP L D 1976 Lahore 871
Major RIAZ AHMAD‑Appellant ~I Versus HAMID AZIZ SHEIKH AND 2 OTHERS
Court: ‑‑ Art. 204‑Contempt of superior Courts‑Collusive suit‑Ex‑lessee ,obtaining injunction frown Civil Judge through a friend and in garb of such order dispossessing Receiver appointed by High Court‑Business of canteen and ,cycle stand of cinema run by ex‑lessee and person filing civil suit and obtaining injunction from Court of Civil Judge only . ex‑lessee's helper and doing business on behalf of ex‑lessee‑Person obtaining injunction from Civil Judge having no interest in property .or its business, held, could not in circumstances act for protection of any of his interests but acted for protection of interest of ex 4essee‑Suit in Court of Civil Judge filed and possession taken over in collusion with ex‑lessee‑Ex‑lessee, held, guilty of contempt of High Court.‑Contempt of Court.1999 P T D 1069
Messrs JAVED AVIATION SERVICES (PVT.) LTD. through Managing Director and another Versus SPECIAL OFFICER, COMPANIES, CIRCLE 06, COMPANIES ZONE-II, MAIN MARKET, GULBERG, LAHORE and another
Court: Lahore High Court2002 P T D 2098
Messrs AWAIS LAW ASSOCIATES, LAHORE Versus SECRETARY, REVENUE DIVISION, ISLAMABAD
Court: Federal Tax Ombudsman1999 C L C 1947
MOINUDDIN‑‑‑Plaintiff Versus MUHAMMAD IMAMUDDIN through
Court: Karachi