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[Cites 0, Cited by 87] [Section 28] [Entire Act]

Union of India - Subsection

Section 28(7) in The Provincial Insolvency Act, 1920

(7)An order of adjudication shall relate back to, and take effect from, the date of the presentation of the petition on which it is made.[28-A. Insolvents property to comprise certain capacity [Inserted by Act 25 of 1948, Section 2 (w.e.f. 12.4.1948).].The property of the insolvent shall comprise and shall always be deemed to have comprised also the capacity to exercise and to take proceedings for exercising all such powers in or over or in respect of property as might have been exercised by the insolvent for his own benefit at the commencement of his insolvency or before his discharge:Provided that nothing in this section shall affect any sale, mortgage or other transfer of the property of the insolvent by a Court or receiver or the Collector acting under section 60 made before the commencement of the Provincial Insolvency (Amendment) Act, 1948 (25 of 1948), which has been the subject of a final decision by a competent Court:Provided further that the property of the insolvent shall not be deemed by reason of any thing contained in this section to comprise his capacity referred to in this section in respect of any such sale, mortgage or other transfer of property made in the State of [Madras] [Inserted by Act 28 of 1978, Section 3 (w.e.f. 1.9.1979).] after the 28th day of July, 1942, and before the commencement of the Provincial Insolvency (Amendment) Act, 1948 (25 of 1948).]