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DOCTRINE OF PITH & SUBSTANCE

Disclaimer: This video is intended to provide information only. if you are seeking advice on any matters relating to information on this matter, you should - where appropriate - contact us directly with your query. However, we may have made mistakes and we are not responsible for any loss and damage of any kind. #DOCTRINEOFPITHANDSUBSTANCE Cushing v. Dupuy, [1880] UKPC 22 Brief Facts– On 19th of July 1877, three of the brewing companies namely, Mc Leod, Mc Naughten and Leveille became insolvent. Dupuy was its official assignee with regard to the writ of attachment in insolvency. On the other hand, Cushing, who was the notary, produced the contract of sale which was executed on March 12th 1877, by way of which the firm had agreed to sell the assets to him. On the same day another deed was executed by the way of which Cushing had agreed to lease back the assets to the principals of the firm for a period of three years. Further, in the petition, Cushing asserted about having the possession of the assets. But in reality no removal had taken place and the assets were still in the possession of the firm. When this matter was taken up in the court, the main question pondered upon was whether the transaction was a valid sale within the meaning of Section 1027 and 1472 of the Civil Code of Lower Canada. The significant aspects which this judgment took into consideration were: The working and the nature of insolvency law in Canada. When can the appeals as of right to the privy council be excluded by the local legislature, and In which possible way can the royal prerogative be ousted by the state? What was held? After thorough analysis of the case at hand, the court held that the sale under section 1027 of the Civil Code of Canada was not a genuine one. Though this judgment has been overtaken by subsequent judgments in Canada, the case of Cushing v. Dupuy remains to be one of the noteworthy cases as it laid the foundation stone for the doctrine of Ancillary or Incidental encroachment, discussed in the latter part of this article. Call@ 7042077114/7042077115/7982670435   / drishtyfound.  . TOPIC 5 WRITS :    • 5 Types of Writs |Constitutional Reme...   HMA 1955 : VOID VOIDABLE VALID MARRIAGES:    • HINDU MARRIAGE ACT 1955| VOID VOIDABL...   https://www.youtube.com/watch?v=kutY0... https://www.youtube.com/watch?v=zPnmq... https://www.youtube.com/watch?v=zPnmq...