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Guwahati Court March 2008 Judgments

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Mar 04 2008

Shree Pacetronix Ltd. and anr. Vs. State of Assam and ors.

Court: Guwahati

Decided on: Mar-04-2008

I.A. Ansari, J.1. Can, in India, a subsidiary of a subsidiary of a holding company be treated as the subsidiary of the holding company even if the holding company is not registered in India and functions, in India, through its subsidiary, which is not registered, in India, as a company under the Companies Act, 1956, but which, in turn, functions through its subsidiary, which is registered, in India, as a company under the Companies Act, 1956? When a subsidiary is a wholly owned subsidiary of the holding company, can the law ever treat the activities, acts or omissions of such a subsidiary as the activities, acts or omissions of its holding company? These are the two questions of paramount importance, which this writ petition has raised.2. This writ petition is unusual. Unusual, because, in the present case, the writ petitioners, instead of attacking the respondents, are themselves under attack, for, the writ petitioners are accused by the respondents to have suppressed the truth, made...


Mar 03 2008

In Re: the Government and ors.

Court: Guwahati

Decided on: Mar-03-2008

1. All the writ petitions under consideration bear several resemblances which justified analogous consideration thereof by the Court on several dates ending on 10th of January, 2008. All the writ petitions were registered suo rnotu on the basis of communications addressed to the Hon'ble Chief Justice of this Court by public spirited individuals highlighting gross deficiencies in the living conditions available in the premier city of the North East i.e. Guwahati. All the writ petitions under consideration raise common issues of the obligation of the State in this regard and the power of judicial interventions in the matter keeping in mind the availability of judicially acceptable resources. Hence the present attempt to answer all such questions arising in the writ petitions by means of the present common order.2. WP (C) 1200 of 2006 raises questions centering around the construction of multistoried apartments and commercial buildings in the City of Guwahati and the extent of control ex...


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