General powers of the court

(1) Subject to this Act, the court shall have full power to decide all questions of priorities, and all other questions whatever, whether of law or of fact, which may arise in any case of bankruptcy coming within the cognizance of the court, or which the court may think it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case. (2) Where in any proceeding in bankruptcy there arises any question of fact which either of the parties desires to be tried before a jury instead of by the court itself, or which the court thinks ought to be tried by jury, the court may, if it thinks fit, direct the trial to be had by a jury, and the trial may be had accordingly in the same manner as if it were the trial of an issue of fact in an action. (3) Where default is made by a trustee, debtor or other person in obeying any order or direction given by the court, the court may, on the application of the Official Receiver, order such defaulting trustee, debtor or person to comply with the order or direction so given. (4) The court may also, if it thinks fit, upon any such application, make an immediate order for the committal of such defaulting trustee, debtor or other person, Provided that the power given by this subsection shall be deemed to be in addition to and not in substitution for any other right or remedy in respect of such default. 70 (5) Where under section 4 of the Debtor’s Act, Cap. 168 application is made by a judgment creditor, the court may, if it thinks fit, decline to commit, and in lieu thereof, with the consent of the judgment creditor, and on payment by him of the prescribed fee, make a receiving order against the debtor. (6) In any such case, the judgment debtor shall be deemed to have committed an act of bankruptcy at the time the order is made.