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    <title>1937 (4) TMI 12 - HIGH COURT OF CALCUTTA</title>
    <link>https://www.taxtmi.com/caselaws?id=96747</link>
    <description>A sanctioned company scheme under Section 153 bound a decree-holder who had obtained a decree before sanction because the scheme expressly covered that class of creditors. The executing court could examine only whether the execution was affected by the sanctioned scheme and whether the sanctioning court had jurisdiction; it could not reopen the propriety of sanction. Alleged defects in notice to the decree-holder and the absence of a separate meeting of decree-holders were treated as irregularities, not jurisdictional nullities. The scheme therefore remained operative against the decree-holder and barred execution.</description>
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    <pubDate>Mon, 26 Apr 1937 00:00:00 +0530</pubDate>
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      <title>1937 (4) TMI 12 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=96747</link>
      <description>A sanctioned company scheme under Section 153 bound a decree-holder who had obtained a decree before sanction because the scheme expressly covered that class of creditors. The executing court could examine only whether the execution was affected by the sanctioned scheme and whether the sanctioning court had jurisdiction; it could not reopen the propriety of sanction. Alleged defects in notice to the decree-holder and the absence of a separate meeting of decree-holders were treated as irregularities, not jurisdictional nullities. The scheme therefore remained operative against the decree-holder and barred execution.</description>
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      <pubDate>Mon, 26 Apr 1937 00:00:00 +0530</pubDate>
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