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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