Re - Sharaf Din so Faquir Mohamed (Bankruptcy Cause No. 60 of 1928)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Where a discharge from bankruptcy has been absolutely refused, the bankrupt cannot apply de novo for discharge as the court has no power to entertain such an application. The bankrupt's remedies are limited to review under section 100 of the Bankruptcy Ordinance 1930 or appeal, neither of which were pursued in this case.
Outcome
Application for discharge dismissed
Facts
Sharaf Din was declared bankrupt in 1928. On 6 December 1935, he applied to the court for discharge from bankruptcy and his application was absolutely refused by Home J. In May 1938, he made a fresh application de novo for discharge. The Official Receiver opposed the application on the basis that the previous absolute refusal precluded a fresh application.
Issues
- Whether a bankrupt whose discharge has been absolutely refused can apply de novo for discharge under the Bankruptcy Ordinance 1930.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (1)
- Bankruptcy Ordinance 1930 s.100
Cases cited (2)
- In Re Tobias & Co, Ex parte Tobias (8 Mor. 30)
- In Re Lloyd, Ex parte Lloyd (6 Mor. 297)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.