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Report No. 26

The Third Schedule

[See sections 121(1) and 121(2)1

Decisions and orders from which an appeal lies to the High Court under section 121(2)*

Section

Nature of decision or order

Section 16 Order dismissing a petition
Section 18 Order of adjudication
Section 30 Order annulling adjudication
Section 32 Order declaring the conditions on which the insolvent's property shall revert to him on annulment of adjudication.

[First Schedule, P.A.]

Section

Nature of decision or order

.............. ..............................
Section 37 Order on application for discharge.
Section 54 Order for avoidance of a voluntary transfer.
Section 55 Decision that transfer of property is a preference in favour of creditor.
Section 70 Decision of a dispute as to whether the person summoned owes any money to the insolvent or is in possession of any property belonging to the insolvent.
Section 99 Decision of questions ................... arising in insolvency.
.............. .....................................
Second Schedule, Rules 26 and 27. Order expunging the proof or reducing the amont.

1. As to orders under the clause corresponding to existing section 33, Provincial Act, the orders will now be passed by the Official Assignee, and not by the court.

2. As to "avoidance" of a voluntary transfer, see clause dealing with voluntary transfers.

3. Section 115, P.A. is omitted in the Bill. Hence orders awarding compensation are not mentioned in this Schedule.

Explanation of Abbreviations used in the Notes

P.A. or Provincial Act.-The Provincial Insolvency Act, 1920.

P.T.A. or Presidency Act.-The Presidency-towns Insolvency Act, 1909. Mulla.-Mulla, Law of Insolvency in India.

Williams.-Williams on Bankruptcy, 17th Edn., (1958).



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