Section 31:
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.
31. Where discharge can be refused or suspended
(1) The facts referred to in section 30 (2) are the following—
(a) the bankrupt’s assets are not of a value equal to 50 per cent of the
amount of his unsecured liabilities, unless he satisfies the Court
that the fact that the assets are not of a value equal to 50 per cent
of the amount of his unsecured liabilities has arisen from circumstances for which he cannot justly be held responsible;
(b) the bankrupt has omitted to keep such books of account as are
usual and proper in the business carried on by him and has not
sufficiently disclosed his business transactions and financial position within the 3 years immediately preceding his bankruptcy;
(c) the bankrupt has continued to trade after knowing himself to be
insolvent;
(d) the bankrupt has contracted a provable debt without having at
the time of contracting it any reasonable or probable ground of
expectation (proof of which shall lie on him) of being able to pay
it;
(e) the bankrupt has failed to account satisfactorily for any loss of
assets or for any deficiency of assets to meet his liabilities;
(f) the bankrupt has brought on or contributed to his bankruptcy by
rash and hazardous speculations, or by unjustifiable extravagance in living, or by gambling, or by culpable neglect of his
business affairs;
(g) the bankrupt has put any of his creditors to unnecessary expense by a frivolous or vexatious defence to any action properly
brought against him;
(h) the bankrupt has brought on or contributed to his bankruptcy by
incurring unjustifiable expense in bringing any frivolous or vexatious action;
(i) the bankrupt has, within 3 months preceding the date of the receiving order, when unable to pay his debts as they become due,
given an undue preference to any of his creditors;
(j) the bankrupt has, within 3 months preceding the date of the receiving order, incurred liabilities with a view to making his assets
equal to 50 per cent of the amount of his unsecured liabilities;
(k) the bankrupt has on any previous occasion been adjudged bankrupt, or made a composition or arrangement with his creditors;
(l) the bankrupt has been guilty of any fraud or any fraudulent
breach of trust.
[Issue 1] B4 – 18
Revised Laws of Mauritius
(2) For the purposes of this section, a bankrupt’s assets shall be deemed
of a value equal to 50 per cent of the amount of his unsecured liabilities
where the Court is satisfied that the property of the bankrupt has realised, or
is likely to realise, or with due care in realisation might have realised, an
amount equal to 50 per cent of his unsecured liabilities, and a report by the
Official Receiver or the trustee shall be prima facie evidence of the amount
of such liabilities.