# possible, be done through the agency of the Collector or the court Amin so that Official

- **Citation:** C.L. No. 19/R
- **Court:** Allahabad High Court
- **Decided:** 1964-03-21
- **Case number:** C.L. No. 19/R
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/possible-be-done-through-the-agency-of-the-collector-or-the-court-amin-so-that-163268
- **Pages:** 2

## Text

206

Verification of securities furnished by Official Receivers should, as far as
possible, be done through the agency of the Collector or the court Amin so that Official
Receiver may not have to pay much for the annual verification of his securities.
C.L. No. 19/R dated 21st March, 1964

The District Judges should ensure that a written undertaking is invariably taken
before hand from all the applicants for the post of Official Receiver that on being
selected they will readily be able to furnish the necessary securities according to dictions.
C.L. No. 6/3R dated 13th January, 1951

Road mileage is always much higher than the fare by rail or motor bus and in the
interest of the insolvents as well as the creditors Official Receivers should charge
traveling allowance accordance to the provisions of rule 14-A (2), Financial Handbook,
Volume II.
Preparation and checking of Official Receiver's accounts
G.L. No. 14/47-7(2) dated 8th March, 1935

The date on which possession is taken of the property should be shown in the
―Remark‖ column of Form nos. 136 and 137 [registers of movable property and
immovable property which are maintained by Official Receivers under rules (xi) and
(xii), of Appendix 17(J) of the General Rules (Civil), 1957].
G.L. No. 21/18 dated 2nd April, 1948

The Insolvency Judge should properly check the accounts and registers of the
Official Receiver at the end of each quarter, when accounts are submitted to him under
rules 16 and 18, Appendix 17(J) of the General Rules (Civil), 1957. Accounts should be
kept ready for audit at a week's notice.
G.L. No. 68/167-3(12) dated 7th July, 1936

The annual audit of the accounts of Official Receivers is carried out by the staff or
the Examiner, Local Fund Accounts, U.P. It is not generally possible to give audit
intimation more than a week before its commencement and all Receivers including
Official Receivers should keep all the records of accounts ready for audit and to produce
them before the auditors when required by them for the purpose of audit.
Appointment as Receiver or Guardian ad litem
G.L. No. 10/R dated 2nd May, 1950

Official Receivers, like other members of the Bar, are eligible for appointment as
receiver, guardian ad-litem or curator, and there is no objection to their holding the office
of Official Receiver while acting as such.
C.L. No. 13 dated 22nd January, 1958 and
C.L. No. 66 dated 3rd May, 1974

The Official Receiver has the experience of management of estates and property.
He has also furnished security for the proper discharge of his duties and seems to be well
qualified for such appointment.
207

Subordinate courts should, therefore, consider the claims of an Official Receiver
appointed in the district under the Provincial Insolvency Act to appointment as a
Receiver under Order XL of Civil Procedure Code.
C.L. No. 111/R dated 14th November, 1951

Official Receivers are not exempt from personal appearance before the District
Registrar or the Sub-Registrar.
(xvi) Award of compensation on reference U/S 18 of the Land Acquisition Act on
the basis of square foot, square yard or square meter in respect of large
tracts of Agricultural land.
C.L No.20 dated 26 April, 1996
It has come to the notice of the Hon'ble court that the subordinate court while
deciding the references under section 18 of the Land Acquisition Act awards
compensation on the basis of square foot, square yard or square meter even in cases in
which large tracts of agricultural land in Acres or Bighas has been acquired. Such orders
are wrong in principle of law particularly when large extent of land are sought to be
acquired for public purposes.
The attention of the Judicial Officers is drawn to the decision of the Hon'ble Apex
Court reported in A 1 R 1996 SC 531 and JT 1996 (2) SC 37.
I am, therefore, to request you to draw the attention of all the Judicial Officers
posted in Judgeship to follow the principle laid down by the Apex Court in the aforesaid
two cases as referred above while disposing the cases relating to reference under section
18 of the Land Acquisition Act.
(xvii)

2-