Report No. 26
Clause 41
This is taken from section 43, Presidency Act. There is nothing corresponding to it in the Provincial Act. It has been adopted as a useful provision, as necessary to ensure proper compliance by the insolvent with his statutory duties1.
The mention of "contempt of court", has been omitted as the new Act will apply to the mofussil also.
1. As to revocation of discharge under this section, see Mulla, (1958), p. 398, para. 425.
Clause 42
This is taken from section 44 of the Presidency Act. There is nothing corresponding to it in the Provincial Act. It has been adopted as a useful provision.
Clause 43
General.-This clause follows section 44 of the Provincial Act, and section 45, Presidency Act.
Sub-clause (1)-In paragraph (d), maintenance under agreements has been added on the lines of section 135(1)(c), Canadian Act. Further, maintenance under a decree passed under any law for the time being in force has been added.
Sub-clause (2)-The Provincial Act uses the words "provable under this Act", while the Presidency Act uses the words "provable in insolvency". The two are same in substance.
Sub-clause (3).-Has been added on the lines of section 45(3) of the Presidency Act, as a useful provision.
Sub-clause (4)-The words "or in the nature of a surety" have been added on the lines of section 45(4) of the Presidency Act. It may be that even without these words, the result would be the same. But lest their omission should throw a doubt on the question, they have been retained.
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