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Section 103: Jurisdiction of Bankruptcy Court

Bankruptcy Act · PART VI: CONSTITUTION, PROCEDURE AND POWERS OF 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.

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