Walji v Official Receiver of the Bankrupt Estate of Kankubai Alladina Giga
Walji v Official Receiver of the Bankrupt Estate of Kankubai Alladina Giga (Criminal Appeal No. 20 of 1927) [1927] EACA 4 (1 January 1927)
The majority of the Court of Appeal held that a receiving order made against a firm operates against all persons who were partners at the date of the order, even if their identity was unknown at the time. The court found that the Bankruptcy Act and Rules permit proceedings against a firm and that subsequent identification of a partner does not preclude adjudication against that partner individually. The court reasoned that a secret and undischarged partnership cannot defeat the just claim of a creditor, and that the receiving order and adjudication were valid against Jiwa Mulji as a partner.…
Source excerpt
- Bankruptcy Proceedings
- Partnership Liability
- Receiving Order
- Adjudication Of Bankruptcy