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Aug 28 1951

Mansukhlal Dhanji Vora and ors. Vs. the Jupiter Airways Ltd. and ors.

Court : Mumbai

Decided on : Aug-28-1951

Subject : Company

Acts : Indian Companies Act, 1913 - Sections 23, 30(2), 38, 40, 82, 83, 83(2), 83(3), 93, 96, 96(2), 98, 101, 102 and 240; Code of Civil Procedure (CPC), 1908 - Order 1, Rules 1 and 8

Reported in : AIR1953Bom112; (1952)54BOMLR777

or a statement in lieu of prospectus in contravention of the provisions of Section 96 of the Indian Companies Act, 1913. The applicants for the shares forwarded to the company the application moneys with their applications. In due course … therein. (16) The other sections that bear directly on the issues involved in these proceedings are as follows:-- Section 93 prescribes the specific requirements as regards the particulars of a prospectus where a prospectus is filed. Then comes

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May 02 1934

Shanmugam Sundaram Chettiar Vs. A.A. Rangarama Naicker

Court : Chennai

Decided on : May-02-1934

Subject : Land Acquisition

Reported in : 152Ind.Cas.703

not purport to be the prospectus of the Company, that the requirements of the prospectus are mentioned in Section 93 of the Indian Companies Act, that a copy of the prospectus is required to be filed for registration, … that the 1st defendant as a Director of the Company was liable under Section 100 of the Indian Companies Act of 1913.3. On appeal the learned Subordinate Judge dismissed the suit. As regards the first ground, the learned

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Feb 20 1950

Shiromani Sugar Mills Ltd. Vs. Debi Prasad

Court : Allahabad

Decided on : Feb-20-1950

Subject : CompanyContract

Acts : Companies Act, 1913 - Sections 30, 30(2), 38, 86, 93 and 101; Contract Act, 1872 - Sections 18 and 19; Evidence Act, 1872 - Sections 101 to 103; Specific Relief Act, 1877 - Sections 35

Reported in : AIR1950All508

register with his knowledge and consent at the commencement of the winding up, the invalidity under Section 105, Companies Act, 1913, of the contract in pursuance of which he applied for, and was allotted shares is not a ground … term in the contract.12. The learned Special Judge has taken notice of certain non-disclosures in the prospectus. Under Section 93, Companies Act a prospectus must state the number of shares fixed by the Articles as the qualification of

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Mar 23 1950

The Saraswathi Vilasam Shanmughanandha Nidhi Ltd., by Its Secretary, T ...

Court : Chennai

Decided on : Mar-23-1950

Subject : Company

Acts : Companies Act, 1913 - Sections 50, 84, 85, 93 and 103 - Schedule - Regulations 70 and 77

Reported in : AIR1951Mad520; [1951]21CompCas85(Mad); (1951)IMLJ18

share qualification - Sections 50, 84, 85, 93 and 103 and Regulations 70 and 77 of Schedule to Companies Act, 1913 - validity of resolution passed by general body in issue - resolution passed in general interest of company … and Auditor.'On 30-3-1944, the company issued a notice of general body meeting in pursuance of a requisition under Section 78, Companies Act. The meet-ing was to be held on Sunday 30th April at the registered office. The

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Apr 24 1953

U.P. Union Bank Ltd. Vs. Dina Nath Raja Ram

Court : Allahabad

Decided on : Apr-24-1953

Subject : Commercial

Acts : Evidence Act, 1872 - Sections 56; Companies Act, 1913 - Sections 229; Negotiable Instruments Act, 1881 - Sections 7, 31, 64, 78, 84, 93, 117 and 129

Reported in : AIR1953All637; [1953]23CompCas433(All)

this claim should be deducted from the bank's claim against the defendant.7. Reliance is placed on Section 229, Companies Act (7 of 1913), which runs as follows: 'Application of insolvency rules in winding up of insolvent companies -- … bank. No right has been conferred by this section on the payee against the drawee, i.e., the bank.24-34. Section 93 which was next referred to runs as follows:'When a promissory note, bill of exchange or cheque is dishonoured

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Aug 30 1974

Cricket Club of India Ltd. and ors. Vs. Madhav L. Apte and ors.

Court : Mumbai

Decided on : Aug-30-1974

Subject : Company

Acts : Companies Act, 1956 - Sections 2(3), 2(4), 6, 9, 29, 31, 36, 165, 169, 169(6), 252, 252(4), 255(1), 255(2), 273, 274, 274(1), 274(3), 283, 283(1), 283(3) and 293

Reported in : [1975]45CompCas574(Bom)

a company limited by guarantee, having no share capital. It is incorporated under the provisions of the Indian Companies Act, 1913, and today functions under the provisions of the Companies Act, 1956. Plaintiffs Nos. 2 to 17 have been … to the plaintiffs, the resolution proposed for consideration by the requisition would be hit by the provisions of section 274 read with section 9 of the Companies Act, 1956, and any such amendment of the articles contemplated … brought to my attention during the course of arguments. 16. Paragraphs 92, 93 and 94 of the Bhabha Committee's Report deal with its recommendations vis-a-vis

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Mar 02 1959

Calcutta National Bank (In Liquidation) Vs. Abhoy Singh Sahela and anr ...

Court : Kolkata

Decided on : Mar-02-1959

Subject : Company

Acts : Companies Act, 1913 - Sections 109A and 120(1) and 120(2); ;Companies (Amendment) Act, 1936; ;Companies Act, 1956 - Sections 125, 127 and 141; ;Code of Civil Procedure (CPC) , 1908 - Section 9

Reported in : AIR1959Cal464,63CWN467

proceeding for extension of time for registration of a mortgage or charge under Section 120 of the Indian Companies Act, 1913 as amended by Act XXII of 1936. The second question is whether the Court is competent to extend … at the timewhen he took his security. In this case Lord Cozens-Hardy held that the words 'any creditor'in Section 93 of the English Companies Act 1908(corresponding to Section 109 of the Indian Act)meant any creditor who had a

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Jun 23 1961

Juvansinhji Balusinhji and ors. Vs. Balbhadrasinhji Indrasinhji and or ...

Court : Gujarat

Decided on : Jun-23-1961

Subject : Company

Acts : Companies Act, 1956 - Sections 9, 85, 85(1), 85(2), 86, 87, 87(1), 87(2), 88, 89, 89(1), 89(2), 90, 92(2), 93, 98, 397 and 398

Reported in : [1962]32CompCas1162(Guj); (1962)GLR715

Companies Act, 1956. These sections which relate to voting rights did not find a place in the Indian Companies Act, 1913, and have been introduced for the first time in the Companies Act, 1956. There is no provision in … of voting rights prescribed by section 87 would have become operative immediately on the commencement of the Act. Section 93, however, provides that nothing in section 85 to 89 shall, in the case of any shares issued before

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Dec 30 1966

Sri Ramadas Motor Transport Private Ltd. Vs. Vijayawada Municipality R ...

Court : Andhra Pradesh

Decided on : Dec-30-1966

Subject : Other Taxes

Acts : Andhra Pradesh District Municipalities Act, 1920 - Sections 3(8), 80, 92, 93, 93(1), 93(2), 93(4) and 95; Andhra Pradesh General Clauses Act, 1891 - Sections 3(22); General Clauses Act, 1897 - Sections 3 and 3(42); Madras Village Panchayats Act, 1950 - Sections 2(4), 65 and 65(5); Madras Local Boards Act, 1920; Contonments Act, 1924; Income-tax Act, 1922 - Sections 10; Madras City Municipal Act, 1919; Indian Cantonments Act, 1910

Reported in : AIR1968AP160

is defined in Section 3(8) of the Act as follows :--'Company' means a company as definedin the Indian Companies Act, 1913, orformed in pursuance of an Act of Parliament..... and included any firm or association carrying on business in … with the District Municipality Act, 1920 as it stood amended and not with the District Municipalities Act. 1965.6. Section 93 of the Act runs as follows:--'Section 93(1). If the council by a resolution determines that a profession tax

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Oct 27 1967

The Chairman, Madras State Electricity Board Vs. Gobichettipalayam Mun ...

Court : Chennai

Decided on : Oct-27-1967

Subject : Direct Taxation

Reported in : (1968)2MLJ214

'company'. The latest definition of ' company' is that it means 'a company as defined in the Indian Companies Act, 1913, or formed in pursuance of an Act of Parliament (of the United Kingdom) of Royal Charter, or Letters … had related to the entire income for the half year. The real point is not this, but whether Section 93, as it stands, can sustain the interpretation of Sri Ramakrishna that the Board need pay only one tax

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