Court : Kolkata
Reported in : AIR1969Cal59,72CWN299
..... share or shares in such manner as it may think fit and offer to sell the same to such shareholder at the price so ascertained, if two or more shareholders severally apply for leave to buy as provided in sub-section (1), the court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above the valuation made by the court. ..... it was held by a learned single judge of the madras high court that a sale under section 6 of the partition act must be open to the public as sub-sections (2) and (3) of that section clearly contemplate the presence of bidders other than the shareholders at the sale. ..... in (1911) 15 cal wn 555 fn on the ground that the property was a family dwelling house in which the plaintiff, a stranger had acquired an interest and consequently under section 4 of the partition act, he could not claim a share in the property much less could he claim to acquire the property at a valuation. ..... sale of premises no24 guruprasad chowdhury lane by private treaty to the best purchaser or purchasers confining the sale to membersof the family of the parties, is set aside.the decree is varied to the extent thatthe commissioner of partition is directed to sell the premises by public auctionin compliance with the provisions of section 6 of the partition act. ..... kali kinker, (1884) ilr 10 cal 675 ..... in (1884) ilr 10 cal 675 this court reversing a decree of the lower appellate court by which compensation was ordered to be paid to the defendant, directed .....
Tag this Judgment!Court : Kolkata
Reported in : [1968]38CompCas82(Cal)
..... sen, a strong presumption of commercial insolvency under section 114 of the evidence act, because the company, which had special means of knowledge of these facts, had not chosen to disclose them.7 ..... there was a marked trend to divert capital for extraneous objects, the court leaned towards ultra vires, which doctrine had by that time been well established in case of companies formed under charter or special acts, even causing hardship to the third parties who seldom looked into the memorandum of association. ..... 12 of the letters patent debars the court not only to determine but to receive and try a suit for land when the land is situate wholly outside the local limits of the ordinary original civil jurisction of the high court. ..... it is now necessary to consider how far and to what extent the winding-up court had adopted these principles of the bankruptcy court ..... next question for consideration is whether in fact, on a true construction of the memorandum of association, this contract of guarantee to secure the loans of the sister concern is ultra vires or intra vires.59. ..... this receives support from section 44 of the evidence act, golab sao v ..... (b) to enter into contracts with government, central or local, companies or firms for the supply of steel or other metal or wood products and equipment or for the carrying out of any structural or other works for such governments, companies or ..... the last case of united stock exchange, (1884) 51 l.t. ..... and united stock exchange company,, (1884) 51 l.t. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal35
..... if consent to an agreement is caused by misrepresentation, the agreement becomes voidable, under section 19 of the contract act, at the option of the party whose consent was so caused. ..... under sub-section (4) of section 5, read with item 4(iv) of the first schedule of the city civil court act this court, and not the city civil court, has jurisdiction to try the suit. ..... the doctrine of imputed knowledge operates in principle so as to affect the insurer with knowledge of all the circumstances which have been communicated to or are known by the agent of the insurer, acting in the course of his employment and within the scope of his authority. ..... (2), (1893) 2 qb 274, (283) where he said; 'did the defendants by their acts or conduct lead the plaintiff reasonably to suppose that they did not intend to treat the contract for the future as at an end, on account of the failure to perform the condition precedent? ..... in the instant case, it is nobody's case that rowe was acting fraudulently or against the interest of the defendant company. ..... now, the extent of the duty to disclose, as appears from the observation quoted above, rests upon two constituent elements, namely, knowledge and materiality. ..... weems, (1884) 9 ac 671 in which lord blackburn observed as follows:'it is competent to the contracting parties, if both agree to it and sufficiently express their intention so to agree, to make the actual existence of anything a condition precedent to theinception of any contract, and if they do so .....
Tag this Judgment!Court : Kolkata
Reported in : [1967]37CompCas146(Cal)
..... the master of rolls said:' as i understand the 115th section of the companies act, 1862, it gives the judge discretion both as to the extent of the examination and as to the occasions on which it will be ordered, and also as to ..... that the persons mentioned in the schedule in the said order including the said shankarlal agarwalla be examined under section 195 of the said act concerning the trade, dealings, affairs and properties of the said company, such examination being held by the registrar of this court or such ..... but where the official liquidator does not take action, it could not have been intended that the rules should whittle down the power of the court contained in section 195, the power to order private examination is vested in the court and neither in the official liquidator nor in any other person. ..... there need not be any specific dispute ; but the court is bound to see that the inquisitorial powers given by the section are not used for vexation or oppression......the court sanctions aprivate examination to enable the liquidator to obtain the necessary information to proceed in the winding up and opposing parties in contemplated litigation should ..... to enable a liquidator to inform his mind on these and similar matters a section--section 115--was inserted in the companies act, 1862, which is now replaced by section 268.......the object of theexamination is to get information to enable the court to determine what course ought to be followed with reference to some matter ..... 1884 .....
Tag this Judgment!Court : Kolkata
Reported in : [1968]67ITR218(Cal)
..... proper construction of the said documents, the property is found to be held under a private religious trust, is the income from such property exempt from taxation by reason of section 4 (3) of the indian income-tax act read with the explanatory paragraphs appended to the said sub-section except for such part of it as does not enure for the benefit of the public ? ..... , alleging that the sheva of the deity was not properly carried out and the terms of the trust have not been implemented and various acts of commissions and omissions were charged and it was prayed that the trust should be administered by the court and a scheme prepared and for ..... a religious endowment must be held to be private or public, according as the beneficiaries thereunder are specific persons or the general public or sections thereof.then the question is, who are the beneficiaries when a temple is built, idol installed therein and properties endowed therefor under the hindu law, an idol is a juristic person capable ..... pal has argued that this did not make it a public trust and to the extent of the feeding of the feeding of the poor, the income-tax officer has granted ..... mitter has formulated his argument in the following way : the charging section in the income-tax shall be charged in respect of the total income of the previous year of every individual, hindu undivided family, company, and local authority, and of every firm and other associations of persons or the partners of the firm or the ..... july, 1884, the final .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal512,70CWN520
..... a company whocomplain that the affairs of the company are being conducted in a manneroppressive to any member or members (including any one or more of themselves) may apply to the courtfor an order under this section, providedsuch members have a right so to apply in virtue ofsection 398(1) any members of a company whocomplain that the affairs of the company are being conducted in a manneroppressive to any member or members ..... this is an appeal from an order made by a learned judge of this court exercising jurisdiction under the companies act under sections 397 and 398 of the said act, at the instance of three persons who joined as members of the company early in the year 1962 and were also on the board of directors when in march 1963 they put in ..... open to a court to give a plaintiff such general or other relief as it deems just to the same extent as if it had been asked for, provided that occasions no prejudice to the other side beyond what can ..... factory at chasnala as mentioned above kedar nath bhagat found it impossible to carry on the business of the company without raising some loan as a large number of creditors as also workers and labourers of the company were pressing hard for payment of their dues. ..... the effect of the heading to a section in marriage ordinance 1884 (law of southern nigeria, cap ..... and to perpetuate their wrongful possession and mismanagement of the company's affairs at the factory they had started collecting undesirable persons from the locality. 11. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal9,69CWN428,[1966]59ITR428(Cal)
..... the assets wherever located belonging to the assessee on the valuation date, including assets required to be included in its net wealth as on that date under this act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date other than- (i) debts which under section 6 are not to be taken into account; and (ii) debts which are secured on or which have been incurred in relation to, any asset in respect of ..... and roads and bridges employed or used in the assessee's tea estates are 'agricultural lands' within the meaning of section 2(e)(i) of the wealth tax act and, as such, the valuation made by the wealth tax officer on this account should be excluded from the net wealth of the assessee as assessed by the wealth ..... are, however, other operations which have got to be resorted to by the agriculturists and which are absolutely necessary for the purpose of effectively raising the produce from the ..... raja benoy kumar sahas roy : [1957]32itr466(sc) where justice bhagwati in construing 'agricultural income' under section 2(1) of the income-tax act 1922, has discussed large number of english and indian cases dwelling on the meanings attributable to the words 'agriculture' 'agricultural income' 'agricultural purpose' and other ..... the water pipes cannot be called 'agricultural land' unless there is a clear finding after an enquiry to the effect that the agricultural activity in the particular garden is not feasible without thein in that particular locality. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal252
..... has been injured or has suffered loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods owned by the passenger and accompanying ..... 130 of the report puts the whole position beyond argument and controversy so far as this court is concerned, when his lordship said: 'the combined effect of sections 6 and 8 of the act of 1865 (carriers act 1865) is that, in respect of property not of the description contained in the schedule, common carriers may limit their liability by special contract, but not so as to get rid of liability for ..... assigns for death, injury or delay to the passenger or loss, damage, detention or delay to his baggage or personal property arising out of the carriage or any other services or operations the carrier whether or not caused or occasioned by the act, neglect or negligence or default of the carrier, or of pilot flying operational or other staff or employees or agent of the carrier, or otherwise howsoever and the carrier shall be held indemnified against all claims, suits, actions, proceedings, damages, ..... ., (1884) 49 lt 802 and the stella, 1900 ..... the owner of the 'vera cruz' reported in (1884) 10 ac 59 at pp .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal290,68CWN410
..... . it was further held that under sections 108 and 178 of the contract act a document of title is a negotiable instrument only to the extent that the possessor of it can give a valid title to the goods represented thereby to a vendee or a pledgee ..... . this principle had been stated by lord blackburn also in his judgment in (1884) 10 ac 74 (at page 91 of the report) where commenting on the position of bills of lading at common law his lordship observes:-'some attempts had been made to say that the contract in a bill of lading might, under some circumstances at least, be ..... ., from whom they had been in the habit of securing loans under arrangements similar to those negotiated with the central bank of india ltd ..... . burdick, (1884) 10 ac 74 where it was clearly held that the mere endorsement and delivery of a bill of lading by way of pledge for a loan does not pass 'the property of the goods to the endorsee so as to transfer to him all liabilities in respect of the goods within the meaning of the bills of lading act' ..... . narayana ayyar and sons, who were in the habit of purchasing ground-nuts from up-country growers and despatching the same by rail to madras obtained a loan from the central bank of india, ltd ..... . the endorsee will acquire such property, general or special as is intended to passto him, see (1884) 10 ac 74, hut he acquires noproperty, if none is intended to pass .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal196
..... used, requisitioned or acquired by, or otherwise placed at the disposal or under the control of, the central government or a provincial government and the circumstances are not such as to render the provisions of section 19 of the defence of india act, 1939, applicable, the owner of such property shall be paid such compensation for any loss he may have sustained as a result of such removal, destruction, rendering useless, use, requisitioning, acquisition ..... india instead of the governor-general in council; and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they wouid have been rights or liabilities of the governor-general in council, be rights or liabilities of the dominion of pakistan or the dominion of india, as the case may be. *** *** *** 9 ..... in order 1 rule 3 which is in the following terms: 'all persons may be joined as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits were brought against sucb persons, any common question of law or fact would arise.' 54. ..... was, held as fellows: 'the phrase 'loans, guarantees and other financial obligations' occurred in section 178 in part vii ot the government of india act, 1935, and there cannot be any doubt that those expressions used ia that section did not refer to all and sundry pecuniary ..... 1884 .....
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