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PETITIONER: BAI HIRA DEVI AND OTHERS
Vs.
RESPONDENT: THE OFFICIAL ASSIGNEE OF BOMBAY
DATE OF JUDGMENT: 20/02/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. BHAGWATI, NATWARLAL H. KAPUR, J.L.
CITATION: 1958 AIR 448 1958 SCR 1384
ACT: Evidence-Deed of gift-Donor adjudged insolvent-official Assignee challenging gift-If donees entitled to lead evidence showing gift to be transfer for consideration- Whether Official Assignee representative in interest of insolvent--Evidence Act, s. 92.--Presidency-towns Insolvency Act (III Of 1909), s. 55.
HEADNOTE: One D executed, on May 22, 1950, a deed of gift in favour of the appellants, his wife and sons. Upon the application of his creditors D was adjudged an insolvent on August 21, 1951 and his estate vested in the respondent. On September 26, 1951, the respondent took out a notice of motion under s. 55 of the Presidency-towns Insolvency Act for a declaration that the deed of gift was void. In reply the appellants pleaded that the transaction, though it purported to be a gift, was in reality a transfer for valuable consideration. The respondent objected that the evidence which the appellants sought to lead in support of their plea was inadmissible under s. 92 of the Indian Evidence Act : Held, that s. 92 of the Evidence Act was not applicable to the proceedings and the appellants were...