Punchthewage Don Juanis vs G. W. Paterson – clr volume 1 page 023

In Punchthewage Don Juanis v. Petitioning Creditor (assignee), the court considered whether an adjudicated insolvent is entitled to protection from arrest under Ordinance No. 7 of 1853, specifically sections 36 and 37, during the examination period and whether such protection can be removed by a District Judge. The District Judge had announced the withdrawal of protection due to suspected collusion between the insolvent and creditor. On appeal, it was held that legislative protection against arrest persists until the examination is completed and that the District Judge had erred in discontinuing this protection. The decision affirmed the statutory guarantee of protection, emphasizing the binding nature of express legislative provisions until examination is concluded.

Lawrie J. — It was d