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Section 42: Discharge

The Insolvency Act, 1955State Act of Kerala · Act 2 of 1956

(1) A debtor may, at any time after the order of adjudication and shall, within the period specified by the Court, apply to the Court for an order of discharge, and the Court shall fix a day, notice whereof shall be given in such manner as may be prescribed, for hearing such application, and any objections which may be made thereto.

(2) Subject to the provisions of this section, the Court may, after considering the objections of any creditor and, where a receiver has been appointed, the report of the receiver-

(a) grant or refuse an absolute order of discharge; or

(b) suspend the operation of the order for a specified time; or

(c) grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the insolvent, or with respect to his after- acquired property.

1.Substituted by Act 18 of 1957 (w.e.f. 01.01.1958) 17

Where this provision sits

ActThe Insolvency Act, 1955
Section42
Marginal noteDischarge
JurisdictionState of Kerala
StatusIn force as published by the source

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