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Report No. 26

Clause 4

The language of section 10 of the Presidency Act has been followed. This is better than section 7 of the Provincial Act. Compare section 6 of the English Act.

The Explanation (which occurs in the existing section also) might appear to be a repetition of the provision in section 6(f) of the Provincial Act and section 9(f) of the Presidency Act1, under which a debtor commits an act of insolvency if he petitions to be adjudged an insolvent. Apparently, however, the real object of the Explanation is to provide that in the case of a petition by a debtor, the existence of the antecedentect of insolvency is not necessary. The Explanation, to this extent, clarifies the main paragraph. It is not necessary to disturb the Explanation, which does not seem to have caused any difficulty.

1. Mulla, (1958), pp. 149 and 185, deals with these sections generally.

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