Section 50
Protection of transactions made in good faith without notice
(1)
Subject to the provisions of this Act with respect to the effect of bankruptcy on an execution or attachment and with respect to the avoidance of certain settlements, assignments and preferences, nothing in this Act shall invalidate, in the case of a bankruptcy-Bankruptcy
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(a)
any payment by the bankrupt to any of his creditors;
(b)
any payment or delivery to the bankrupt;
(c)
any conveyance or assignment by the bankrupt for valuable consideration; or
(d)
any contract, dealing or transaction by or with the bankrupt for valuable consideration:
Provided that both the following conditions are complied with -
(i)
the payment, delivery, conveyance, assignment, contract, dealing or transaction, as the case may be, takes place before the date of the receiving order; and
(ii)
the person (other than the debtor) to, by or with whom the payment, delivery, conveyance, assignment, contract, dealing or transaction was made, executed or entered into has not, at the time of the payment, delivery, conveyance, assignment, contract, dealing or transaction, notice of any available act of bankruptcy committed by the bankrupt before that time.
(2)
Where -
(a)
any money or property of a bankrupt has, on or after the date of the receiving order but before notice thereof has been gazetted in the prescribed manner, been paid or transferred by a person having possession of it to some other person; and
(b)
the payment or transfer is under the provisions of this Act void as against the trustee in the bankruptcy, then if the person by whom the payment or transfer was made proves that when it was made he had not had notice of the receiving order, any right of recovery which the trustee may have against him in respect of the money or property shall not be enforced by any legal proceedings except where and in so far as the Court is satisfied that it is not reasonably practicable for the trustee to recover in respect of the money or property or of some part thereof a from the person to whom it was paid or transferred.
B. L.R. 0. 7/2021
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Bankruptcy