OFFICIAL ASSIGNEE Vs. REGISTRAR, SMALL CAUSE COURT

JUDGEMENT

(1.) This is an appeal against a Judgment of the Chief Court of the Punjab, which affirmed that of the Involvent Estates Court, Amritsar. The controversy involved in the appeal relates to an alleged conflict of jurisdiction between two Courts, both having Insolvency jurisdiction, but jurisdiction created by different legislative authority and different in its local extent.

(2.) Under the Imperial Act of Parliament, n and 12 Viet., c. 21, relating to insolvency proceedings before what are now the High Courts in the Presidency towns in India, jurisdiction is conferred upon those Courts extending, for the present purpose, over the whole of India, and for many purposes over much wider limits.

(3.) Under the Punjab Laws Act, IV of 1872, in a series of sections beginning with section 22, the Punjab Legislature has created a system of insolvency of its own, but, of course, such an Act can be effective only within the ambit of the jurisdiction of the Legislature which passed it. These are the two systems of Insolvent administration which have to be considered in disposing of the present appeal, and have, if possible, to be reconciled.