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Section 21: Date of adjudication and disqualification of bankrupt

Insolvency Act · PART II: BANKRUPTCY AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

21. Date of adjudication and disqualification of bankrupt (1) The date of an adjudication, and the commencement of a bankruptcy, shall be the date and time when the Court made the bankruptcy order. (2) The Court shall record on the bankruptcy order the date and time when the order was made. (3) The Court shall notify the Official Receiver as soon as possible after an order of adjudication is made. (4) It shall be presumed that an act was done, or a transaction entered into or effected, after the date of an adjudication, but the presumption shall not apply if the contrary is proved. (5) Unless an adjudication is the subject of an appeal— (a) no one may later assert that the adjudication was not valid or that a prerequisite for adjudication was absent; and (b) the adjudication shall be binding on every person. (6) Where a debtor is adjudged bankrupt, he shall, subject to this Act, be disqualified from being elected to any public office. [Issue 3] I14 – 22 Revised Laws of Mauritius (7) Such disqualification shall be removed and shall cease when the adjudication in bankruptcy is annulled, or when the debtor obtains his discharge with a certificate from the Court to the effect that his bankruptcy was caused by misfortune without any misconduct on his part. (8) The Court may grant or withhold such certificate as it thinks fit, but any refusal of such certificate shall be subject to appeal.

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