1916 (11) TMI 1

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.... debtor an insolvency petition under the Provincial Insolvency Act, 1907, to the District Court of Murshidabad for an order adjudging him an insolvent. 2. His application was opposed by the present respondents and was dismissed. The debtor's consequent appeal to the High Court in Bengal was dismissed by an order of the 12th April, 1912 and an application for review of the High Court's j....

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....on and Other matters of procedure, but no express reference to them need be made in the circumstances of this case. It will suffice to say that all that is thus prescribed has been observed by the present debtor. 5. By the 14th section it is enacted that on the day fixed for" the hearing of the petition or on any subsequent day to which the hearing may be adjourned, the Court shall require proo....

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....th the express terms of the Act. What was held was that the application was an abuse of the process of the Court and so must be dismissed. Presumably it was on this ground, too, that the High Court dismissed the appeal; no other reason is indicated. It is to be regretted that the Courts in India allowed themselves to be influenced by this plea instead of being guided to their decision by the provi....

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....ships are now concerned only with the debtor's position; and as to that they are satisfied that he has complied with all the conditions specified in the Act and is entitled as of right to an order adjudging him an insolvent. This conclusion, apart from the decision under appeal, is in agreement with the current of authority in India where it has been rightly held that the stage at which to vis....