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Dec 16 2010

Gloster Jute Mills Limited Vs. Hooghly Mills Company Limited

Court : Kolkata

Decided on : Dec-16-2010

Subject : Arbitration

arbitrator to be appointed by the court. 2. The agreement was concerned with a Jute mill in Bowreah, Howrah, known as the North Mill. The respondent argues that this mill never vested in the petitioner, as claimed … the operations of each unit of the company would result in substantial improvement of the result of their operations. 14. I have taken note of … Gloster Industries Ltd. and the petitioner prepared a scheme of de merger under Section 391 of the Companies Act, 1956. Under it certain properties of Fort Gloster Industries Ltd. were to be divested from it and to vest

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Apr 12 2006

Md. YeasIn and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Apr-12-2006

Subject : Civil

Acts : Prevention of Food Adulteration Act, 1954 - Section 20(1); ;Wild Life Protection Act - Section 55; ;Punjab Improvement Trust Act - Section 60; ;West Bengal Co-operative Societies Act, 1973 - Sections 86, 87(4) and 87(5); ;West Bengal Distribution System (Maintenance and Control) Order, 2003; ;West Bengal Kerosene Control Order, 1968; ;Companies Act, 1956 - Section 108; ;Constitution of India - Article 32

Reported in : 2006(3)CHN655

by a Division Bench of Calcutta High Court in the case of Bhagirathi Co-operative Joint Firming Society v. Howrah Zilla Parishad reported in 87 CWN 981. In that case the provisions of Sub-sections (4) and (5) of … judgment cited on this aspect was delivered in the case of Karnal Improvement Trust v. Parkash Wanti reported in : (1995)5SCC159 . That was a … reported in : [1977]2SCR190 , it has been held that the provision contained in Section 108 of Companies Act, 1956 is mandatory in view of the use of negative words containing the prohibition against the transfer of shares … on Statutory Construction (3rd Edition) Volume III. The learned author at page 77 of the treatise observes 'The difference between mandatory and directory statutes is

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