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Report No. 26

43. Effect of order of discharge.-(1) An order of discharge shall not release the insolvent from-

(a) any debt due to the Government;

(b) any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party;

(c) any debt or liability in respect of which he has obtained forbearance by any fraud to which he was a party; or

(d) any liability under an agreement for maintenance or under any decree or order for maintenance passed under any law for the time being in force.

[Section 44(1), P.A.1 [Cf. section 45(1), P.T.A.]

(2) Save as otherwise provided by sub-section (1), an order of discharge shall release the insolvent from all debts provable in insolvency.

[Section 44(2), P.A.] [Cf. section 45(2), P.T.A.]

(3) An order of discharge shall be conclusive evidence of the insolvency and of the validity of the proceedings therein.

[Newt [Cf. section 45(3), P.T.A.]

(4) An order of discharge shall not release any person who, at the date of the presentation of the petition, was a partner or co-trustee with the insolvent or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him.

[Section 44(3), P.A.] [Cf. section 45(4), P.T.A.]

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