Section 103: Jurisdiction of Bankruptcy Court
consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
103. Jurisdiction of Bankruptcy Court
(1) Subject to this Act, the Bankruptcy Court may decide all questions of
priorities, and all other questions, whether of law or fact, which may arise in
any case of bankruptcy coming within the cognisance of the Court, or which
the Court thinks expedient or necessary to decide for the purpose of doing
complete justice or making a complete distribution of property in any such
case.
[Issue 1] B4 – 40
Revised Laws of Mauritius
(2) (a) The Court shall have jurisdiction to try and adjudicate upon all
questions of ownership relating to movable or immovable property claimed
by or from the trustee, whether such property be in the possession of the
trustee or not, and to decide and adjudicate upon any debt or claim due to or
from the bankrupt, upon such pleadings as shall be prescribed.
(b) The Judge in Bankruptcy may refer the parties to the competent
Court to have any contested matter adjudicated upon on an issue framed by
him, unless he thinks formal pleadings necessary.
(c) Where the reference is to the Supreme Court and is made by one
of the Judges of that Court sitting in Bankruptcy, he shall be one of the
Judges.
(3) Where default is made by any trustee, debtor or other person in obeying any order or direction of the Court under any power conferred by this Act
or where any person is guilty of contempt of Court, the Court may after
hearing such person, or after proof of his having been duly summoned to
attend the Court, commit such person to prison for any time not exceeding
one month and may at any time recall any such order.