Report No. 26
Clause 121
This is a new provision (gambling by insolvent) which follows the provisions of the English Act, section 157.
As to sanction of the court for prosecution, see separate clause1.
1. Clause 126.
Clause 122
This is a new provision (failure to keep proper accounts) which follows the provision of the English Act, in section 158.
As to sanction of court for prosecution, see separate clause1.
1. Clause 126.
Clause 123
This is a new provision (Insolvent absconding with property) which follows the provision of the English Act, section 159.
Clause 124
This is a new provision, which follows the English Act, section 160. A provision for fine has been added, as this is an offence which can be committed by a creditor.
Clause 125
This follows section 72 of the Provincial Act and section 102 of the Presidency Act, with the following changes (compare also section 155, English Act):-
(i) Instead of rupees fifty, rupees two hundred has been substituted in view of the fall in the value of money.
(ii) The case of a person receiving money on a promise to render service or to deliver goods in future has been covered. In a recent case before the House of Lords1 this was held not to fall within the words "obtaining credit" occurring in the corresponding section 155 of the English Act. It has been considered desirable to cover such cases.
(iii) Case of the insolvent carrying on business under the old name has been added, as in section 155(b) of the English Act.
(iv) The provision in section 72(2) of the Provincial Act to the effect that where the offence under this section has been committed, the court may send the cases for trial to the nearest Magistrate, etc., after preliminary inquiry, has been omitted. This will be taken care of by the separate clause corresponding to section 70, Provincial Act2.
1. Regina v. Fisher, (1963) 2 WLR 1137.
2. See clause 127.
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