Jansz V. Weerasekera Et Al.,

1949 Present : Basnayake J. and Gratiaen J.

JANSZ, Appellant, and WEERASEKERA et al., Respondents

S. C. 245.-D. C. Colombo, 5777/Insol.

IN THE MATTER OF THE INSOLVENCY OF BERTRAM CLIFFORD JANSZ
OF PAMANKADE LANE, WELLAWATTA, COLOMBO

Insolvency Ordinance-Fraudulent preference-Possible even when there is no moral blame-Refusal of certificate of Conformity:-Extenuating circumstances- Sections 58 and 151.

A fraudulent preference need not involve any moral blame at all, and an insolvent will be guilty of it if, for example, he makes payment to his creditors influenced by the property of some and out of gratitude to others.

Where fraudulent preference is proved but there are extenuating circumstances an insolvent will not be refused a certificate of conformity for all time.

APPEAL from an order of the District Court, Colombo.

S. Nadesan, with M. A. M. Hussain, for insolvent appellant.

S. J. Kadirgamar, with R. S. Wanasundera, for opposing-creditor respondent.

Cur. adv. vult.

September 28, 1949. BASNAYAKE J.-

The appellant (hereinafter referred to as the insolvent) appeals from the order of the District Judge refusing him a certific

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