Section 40: Power to re-adjudge debtor insolvent

Q: What does Section 40 of The Provincial Insolvency Act, 1920 (TPIA) deal with?

Section 40 TPIA pertains to "Power to re-adjudge debtor insolvent". It is part of the The Provincial Insolvency Act, 1920, a legislation enacted by the Parliament of India. Section 40 of The Provincial Insolvency Act, 1920 (TPIA) governs power to re-adjudge debtor insolvent. As verified on 19 May 2026.

Q: Is Section 40 TPIA still in force?

Yes, Section 40 of the The Provincial Insolvency Act, 1920 is currently in force across the Republic of India.

Q: What is धारा 40 TPIA?

धारा 40 TPIA is the Devanagari Hindi reference for Section 40 of the The Provincial Insolvency Act, 1920. Section 40 of The Provincial Insolvency Act, 1920 (TPIA) governs power to re-adjudge debtor insolvent. As verified on 19 May 2026.

Q: What is Dhara 40 TPIA?

Dhara 40 TPIA is the Roman Hindi reference for Section 40 of the The Provincial Insolvency Act, 1920. "Dhara" means "Section" in Hindi. Section 40 of The Provincial Insolvency Act, 1920 (TPIA) governs power to re-adjudge debtor insolvent. As verified on 19 May 2026.

Q: How to cite Section 40 of The Provincial Insolvency Act, 1920?

Cite as: "Section 40, The Provincial Insolvency Act, 1920 (TPIA)" in legal briefs. For academic writing, use the BlueBook format: The Provincial Insolvency Act, 1920, § 40 (India).

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.If default is made in the payment of any instalment due in pursuance of the composition or scheme, or if it appears to the Court that the composition or scheme cannot proceed without injustice or undue delay, or that the approval of the Court was obtained by fraud, the Court may, if it thinks fit, re-adjudge the debtor insolvent and annul the composition or scheme but without prejudice to the validity of any transfer or payment duly made or of anything duly done under or in pursuance of the composition or scheme. When a debtor is re-adjudged insolvent under this section, all debts provable in other respects which have been contracted before the date of such re-adjudication shall be provable in the insolvency.

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