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    <title>1935 (7) TMI 19 - PESHAWAR JUDICIAL COMMISSIONER S COURT</title>
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    <description>Section 229 of the Companies Act was treated as limited to the rules governing provable debts and creditor priorities in insolvency; it did not import the whole Provincial Insolvency Act to bar a civil suit against a company in voluntary liquidation without leave, so the suit remained maintainable. A set-off under Order 8 Rule 6 CPC had to be a legally recoverable and enforceable ascertained sum; a time-barred pronote claim could not qualify, so the set-off was rejected. Where the decree-sheet omitted the conditional terms reflected in the judgment, the Court treated the decree as declaratory in substance and corrected the arithmetical error to match the admitted figures.</description>
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    <pubDate>Tue, 30 Jul 1935 00:00:00 +0530</pubDate>
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      <title>1935 (7) TMI 19 - PESHAWAR JUDICIAL COMMISSIONER S COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=96691</link>
      <description>Section 229 of the Companies Act was treated as limited to the rules governing provable debts and creditor priorities in insolvency; it did not import the whole Provincial Insolvency Act to bar a civil suit against a company in voluntary liquidation without leave, so the suit remained maintainable. A set-off under Order 8 Rule 6 CPC had to be a legally recoverable and enforceable ascertained sum; a time-barred pronote claim could not qualify, so the set-off was rejected. Where the decree-sheet omitted the conditional terms reflected in the judgment, the Court treated the decree as declaratory in substance and corrected the arithmetical error to match the admitted figures.</description>
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      <pubDate>Tue, 30 Jul 1935 00:00:00 +0530</pubDate>
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