Kushalbhai v National Bank of India Ltd (Criminal Appeal No. 8 of 1927) [1927] EACA 3 (1 January 1927)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 8 of 1927
Judge
Pickering J, Sheridan, J, Tomlinson CJ
The Court of Appeal for Eastern Africa held that Section 38 of the Provincial Insolvency Act protects payments made before the order of adjudication, even if the petition had already been filed.
Official Receiver v Savadia and Co. (Civil Appeal No. 31 of 1951) [1951] EACA 119 (1 January 1951)
Court
East African Court of Appeal
Case number
Civil Appeal No. 31 of 1951
Judge
Lockhart-Smith, Ag. VP, Sinclair, Ag. CJ. (Tanganyika), Worley, P
The Court held that the High Court of Tanganyika had jurisdiction to entertain the trustee's application, as the trustee's discretion under section 159 of the Bankruptcy Ordinance allows pursuit of property in any reciprocating territory. The transaction in question was not protected by section 47 because, at the time the respondent received the goods, he had notice of an available act of bankruptcy—namely, the debtor's departure to defeat or delay creditors. The facts admitted in affidavits and the conduct of the creditors established that the respondent was aware, or ought reasonably to hav…