LLB 3 Years Sem 4 Insolvency Dec 2012 Pg1 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Write short answers in not more than two sentences 20 marks
   • (a) What is the meaning of the expression “Act of Insolvency” ?
   • (6) When the ordinary civil court can order stay of suit pending before it against
   • (c) On making of an order of adjudication of debtor as insolvent, what further orders are required to be passed by the court against such a debtor under The Provincial Insolvency Act, 1920 ?
   • (d) What is the distinction between the provisions of Provincial Insolvency Act, 1920 and the Presidency Towns Insolvency Act, 1909 in respect of vesting of after-acquired property of the insolvent ?
   • (e) Define the expression “Transfer of Property” under the Provincial Insolvency
   • (f) What are the circumstances under which the court exercising insolvency jurisdiction can issue warrant of arrest against the insolvent debtor ?
   • (g) Is it the duty of the to handover to the Receiver the property belonging to him in trust for others ? Why ?
   • (h) If the debtor dies during pendency of insolvency petition against him, can he be adjudicated as insolvent after his death ? Why ?
   • (i) What is the remedy available to the person who is aggrieved by the act or decision of the receiver ?
   • (j) Is the goodwill of the business of debtor considered as his property under the Bankruptcy Act in England ? What is the position in this respect under the Provincial Insolvency Act, 1920
2. Q2 Write short notes on any four of the following :— 20 marks
   • (a) Concept of inability to pay debt
   • (b) Duties of debtors
   • (c) Interior Receiver
   • (d) Indigent person
   • (e) Protected transactions
   • (f) Schedule of Creditors

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