P VEERASAMY Vs. OFFICIAL ASSIGNEE HIGH COURT MADRAS

JUDGEMENT

(1.) Leave granted.

(2.) Lord Mansfield said, over two hundred years ago, that you cannot 'let out the bankrupt'. He is not a slave of the Assignee. The point in this appeal is as to what extent the insolvent can be allowed to run his business to sustain himself and his dependents and as to what rights the Official Assignee and creditors have, as against the insolvent

(3.) The modern concept appears to be rehabilitation of an honest insolvent and a more humane treatment to be meted out to the insolvent and his family. At the same time, it must be seen that a benevolent view towards the honest insolvent is not abused by one who is dishonest.