LLB 3 Years Sem 4 Insolvency Apr 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q2 Write short notes on any four of the following :— 20 marks
   • (a) Effect of death of debtor during pendency of insolvency proceedings
   • (b) Duties of debtor
   • (c) Protection order
   • (d) Calculation of dividend
   • (e) Avoidance of voluntary transfer
   • (f) Offences by debtors
2. Q3 Answer any two of the following problems :— 12 marks
   • (a) A debtor has got several creditors. One of the creditors presents insolvency petition against the debtor and succeeds in settling his debts and getting them paid by the debtor before the order of adjudication is passed against the debtor Thereafter the petitioning creditor is found negligent in prosecuting the petition filed by him —
   • (i) What powers can be exercised by court to protect the interest of other creditors of the debtor ?
   • (ii) What objective of the insolvency law will be defeated if the court does not
   • (b) The court annuls the order of adjudication for the reason that the debtor has failed to apply for discharge within the time specified by the court
   • (i) the debtor may have to suffer on annulment of order
   • (ii) Why the debtor is required to apply for discharge ?
   • (c) On an insolvency petition presented against the debtor the court makes an order for summary administration of the estate of the debtor
   • (i) When the court can make an order for summary administration of the estate of the debtor ?
   • (ii) How the provisions of the Prov-l-Act, 1920 stand modified in case fo
3. Q4 Write answers in detail to any four of the following questions :— 48 marks
   • (a) State and explain the various acts of insolvency as prescribed under the
   • (b) State and provisions relating to method of proof of debts
   • (c) What are the powers and duties of the receiver ?
   • (d) State and explain the provisions relating to composition and scheme of arrangement under the Prov-l-Act, 1920
   • (e) Waht are the cases in which the court must refuse absolute discharge under
   • (f) Whatare the provisions relating to calculation and declaration of dividend under

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