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    <title>1981 (6) TMI 134 - CALCUTTA HIGH COURT</title>
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    <description>Monthly tenancy rights and unexpired leasehold interests of a company in liquidation are treated as valuable assets available for realisation in winding-up. Where the Official Liquidator acts with the Court&#039;s sanction, the sale or assignment is an involuntary transfer by operation of law, not a voluntary transfer by the company. On that basis, the Companies Act, 1956 and the Companies (Court) Rules permit such disposition for beneficial winding-up, and the West Bengal Premises Tenancy Act, 1956 and the Transfer of Property Act do not bar it in these circumstances. Objections based on forfeiture or re-entry clauses do not defeat the Court&#039;s power to realise the assets, and acceptance of rent after the relevant events may amount to waiver where the facts justify it.</description>
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    <pubDate>Wed, 03 Jun 1981 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=468477</link>
      <description>Monthly tenancy rights and unexpired leasehold interests of a company in liquidation are treated as valuable assets available for realisation in winding-up. Where the Official Liquidator acts with the Court&#039;s sanction, the sale or assignment is an involuntary transfer by operation of law, not a voluntary transfer by the company. On that basis, the Companies Act, 1956 and the Companies (Court) Rules permit such disposition for beneficial winding-up, and the West Bengal Premises Tenancy Act, 1956 and the Transfer of Property Act do not bar it in these circumstances. Objections based on forfeiture or re-entry clauses do not defeat the Court&#039;s power to realise the assets, and acceptance of rent after the relevant events may amount to waiver where the facts justify it.</description>
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      <pubDate>Wed, 03 Jun 1981 00:00:00 +0530</pubDate>
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