The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday August 29 1938

13 (3) i§ to the effect that if on a notice issued on the application of a creditor the debtor fails to submit a statement of debt the application meaning thereby the credtor's application shall be dismissed ! That is to say for the debtor's defiance of the Act the creditor shall be penalised and shall be refused the assistance of the Act. [...] In any case the risk of a small monetary penalty is all the santion that the Legislature employs against the debtor for his submission to the Act and if he decides to take that risk he can not only ignore and defeat the Act but also force upon the creditor the discomfiture of his appliction being dismissed. [...] Why the creditor should suffer for the debtor's disobedience of the Board we do not pretend to undestand; nor do we understand why having rgard to the provisions of the Act it should leave the creditor to the general law wheever the debtor refuses to submit to the juridiction of the Board. [...] The opinion of the Majority of the members is that the debt subsists. [...] When on the face of a policy there is no expression that it is for the benefit of the wife or of the wife and children of the isurer it is not permissible to look into the proposal form filled in by the insurer and the prospectus issued by the insurance company in order to see whether the policy is for such benefit and falls within sec.