"assets held by the Court under sec.73 of C.P.C= Now, comparing Section73 of the present Code and Section 295 of the former Code we find that the words "realized by sale or otherwise in execution of a decree" have been deliberately omitted and the expression now used is "assets held by the Court". One can only conclude that the omission of the word "realized by sale or otherwise in execution" was deliberate and that it was the intention of the Legislature that the term, 'assets' should now include any assets held by the Court irrespective of the manner in which they came into possession of the Court. =2015 CALCUTTA (1921) msk lawreports

"assets held by the Court under sec.73 of C.P.C=  Now, comparing Section73 of the present Code and Section 295 of the former Code we find that the words "realized by sale or otherwise in execution of a decree" have been deliberately omitted and the expression now used is "assets held by the Court". One can only conclude that the omission of the word "realized by sale or otherwise in execution" was deliberate and that it was the intention of the Legislature that the term, 'assets' should now include any assets held by the Court irrespective of the manner in which they came into possession of the Court. =2015 CALCUTTA (1921) msk lawreports

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Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

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APEX COURT DIGEST 2016 - 1

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