Court : Kolkata
Reported in : (1906)ILR33Cal219
..... but in the despatch of the 8th august 1902, which communicated the new rules to the secretary of state, the government of bombay said: 'the rules are simply an issue in authoritative form of existing orders, and contain no new matter,' except certain points not now material.31. ..... the british indian legislature has never purported to legislate directly for kathiawar or its inhabitants; but, on the contrary, in the indian act, xx of 1876, it is expressly recited, with regard to an important territory in kathiawar, that 'the british government have exercised certain powers of government over the said territory, but such territory has never been treated as being british territory, nor as having been vested in the east india company, nor in her majesty the queen ..... time to time for the guidance of the political agent treat the disposal of such cases as falling within his 'diplomatic or controlling function,' and direct him to dispose of them 'as he thinks proper,' and all the other provisions relating to such cases indicate purely political and not judicial action,44. ..... in and before the year 1863 a further reorganisation was found to be necessary, and, as might be expected, the question as to the status of katbiawar again arose. ..... in lord salisbury's despatch of the 23rd march 1876, the practice of such appeals is dealt with as a thing at that date already fully established, and it continues to the present day in civil as well as in political cases. .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR129
..... of the 8th august 1902, which communicated the new rules to the secretary of state the government of bombay said : ' the rules are simply an issue in authoritative form of existing orders, and contain no new matter ' except certain points not now material.32 ..... as a matter of right, and what therefore they ceded to the east india company, was the subject of frequent and anxious inquiry on the part of the board of directors and the government of bombay, but no satisfactory result was ever arrived at; and it would be almost hopeless at the present time to attempt to answer that question upon the basis of contemporary evidence. ..... . the british indian legislature has never purported to legislate directly for kathiawar or its inhabitants; but, on the contrary, in the indian act, xx of 1876, it is expressly recited, with regard to an important territory in kathiawar, that ' the british government have exercised certain powers of government over the said territory, but such territory has never been treated as being british territory, nor as having been vested in the east india company ..... . in and before the year 1863 a further reorganisation was found to be necessary, and, as might be expected, the question as to the ..... of the 23rd march 1876, the practice of such appeals is dealt with as a thing at that date already fully established, and it continues to the present day in civil as well as in political cases ..... .' and all the other provisions relating to such cases indicate purely .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR598; 110Ind.Cas.649
..... least three-fourths in nominal value of the issued shares of the class, or is confirmed by an extraordinary resolution passed at a separate general meeting of the holders of shares of that class and all the provisions hereinafter contained as to general meetings, shall mutatis mutandis, apply to every such meeting, but so that the quorum thereof shall be members holding or representing by proxy one-fifth of the nominal amount of the issued ..... , referring to the distinction existing between the ambit of section 120 of the english act (which corresponds with section 153 of the indian act) and section 45 of the english act (which corresponds-as i have pointed out before-with e, 54 of the indian act), said in reference to the ..... belonging to the class of ordinary shareholders, he 1921 said that the meaning of clause 5 of the memorandum of association of the company was merely this, that certain preference rights were given thereby to the preference shareholders, and that that clause did not in terms confer any right upon the ordinary shareholders. ..... was carried unanimously, namely, that the agreement dated january 6, 1927, and made between the company of the one part, and the bombay trust corporation limited on behalf of the preference shareholders of the company of the other part be ratified and confirmed. ..... the opponents of the scheme desired to be permitted to show from the minute book itself that at least 138 persons were present at the meeting, and to found thereon an argument that .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR1115
..... elaborate detail in such a public circular, while it would not be informing to the tata bank shareholders, might well be detrimental to the interests of their undertaking, which was still to continue, doubtless it was for this reason, possibly it may, be at the instance of the directors of the central bank, that the lord circular was focussed upon the accountants' certificate, while ..... full reference to the rights of dissentients under section 218 of the indian companies act, and called attention to the special provision with regard to these shareholders made by the ..... be doubted whether there are any other members of that bank who are not now bound by the scheme either by acceptance or by dissent, certain it is, that of the two shareholders called as witnesses by the plaintiffs one of them had accepted the scheme and the other had duly ..... it only remains to consider the question whether the appellant should have been permitted by the trial judge to introduce by amendment into his pleadings a direct allegation of gross fraud against the directors of the tata bank, that amendment in their lordships' judgment was rightly ..... capital of the central bank to three and a half crores, so as to bring into existence shares of that bank sufficient in number for the service of the agreement. ..... been, it would seam, weakened if not destroyed, some form of reorganisation was necessary. ..... it had been established with a head office at tata bombay for the purpose of carrying on the business of banking .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All310
..... of the act, section 202 provides about appeals from certain orders made in the matter of the winding up of the company and section 246 vests the power in this court to make rules with the act and with the code of civil procedure, 1908, concerning the mode of proceedings to be had for the winding up of a company in the high court and in the courts subordinate thereto, and for giving effect to the provisions contained in the act as ..... however needed confirmation by the court as by that resolution the share capital of the company was being reorganised by the consolidation of the ordinary and deferred shares and such consolidation did modify the conditions contained in ..... of the company were held on 2nd august 1933, and extraordinary resolutions were passed by all the meetings approving the consolidation of the deferred share capital in such a manner that every 2 of the existing deferred shares of the nominal value of annas 8 should constitute one new share of the nominal value of re. 1. ..... rights and privileges attached to these shares could only be effected in accordance with the provisions of the act permitting such variations. ..... in the bombay case a procedure was provided in the articles of association for modifying or altering the preferential rights find privileges of certain classes of shaes, but the preferential rights in the preference shares of the initial capital were, by the terms of the memorandum of association, made unalterable, and an attempt was made by means of the procedure .....
Tag this Judgment!Court : Chennai
Reported in : (1939)2MLJ639
..... was suggested that the bank should apply to the reserve bank to undertake an immediate and thorough investigation through competent auditors and accountants appointed by them into the affairs of the bank and agree to act according to such advice as might be tendered, as a result of the investigation 'for the continuation, reorganisation, or liquidation of the bank, whichever course was finally suggested'.3. ..... could, for instance, be taken to the publication in the press of a statement that the creditors of a company in respect of which a winding up order has been passed have put forward a scheme for reconstruction, but what cannot be permitted is a discussion of the attitude wtkch the court should adopt when considering the scheme.15. ..... on the bank commenced on the 15th march, and as it continued to grow in intensity, the bank was compelled to close its doors ..... on the 22nd june a petition for the winding up of the bank was presented to the bombay high court and on the same day a similar petition was filed in the district court of quilon, which is in the state ..... an expression which has been used in the judgments upon questions of this kind - that the remedy exists when there is a cause pending in the court. ..... case of the first and second respondents, the court accepts the statement that the editors had no intention of acting in contempt and that their bona fides are not in any way in question. ..... of reconstruction of the bank had in the meantime been presented on behalf of certain creditors. .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR287
..... this is an appeal on a certificate granted by the high court of bombay under section 205 of the constitution act of 1935, from a judgment of that court answering in favour of the respondent, the commissioner of income-tax, bombay, certain questions of law referred to the high court by him.56. ..... when the legislature made the amendment in 1939, it apparently wanted to prevent circumvention of the existing provision by persons who in substance earned interest on money lent in british india but camouflaged the transaction by advancing loan outside india, the money lent or its equivalent in kind being subsequently brought into british india. ..... in dealing with this question made the following observation:-ordinarily to my mind these properties would continue to remain in the money-lending business as assets of that business standing to the credit of that business. ..... it is found that a particular topic of legislation is among those upon which the dominion parliament may competently legislate as being for the peace, order and good government of canada or as being one of the specified subjects enumerated in section 91 of the british north america act, their lordships see no reason to restrict the permitted scope of such legislation by any further consideration than is applicable to the legislation of a fully sovereign state.97. ..... in the three years 1931-34 a total deduction of 28 lakhs in the assessment of those years was permitted by the income-tax authorities on this ground. .....
Tag this Judgment!Court : Mumbai
Reported in : (1955)57BOMLR378; [1955]25CompCas227(Bom)
..... order passed in the course of proceedings in liquidation by the district judge in exercise of his jurisdiction under the indian companies act was entitled to appeal to the high court irrespective of the provisions of the civil procedure code which restrict the right of appeal to specified orders, and what the full bench held was that section 202 was wide enough to cover appeals against any order made in the matter of the winding up of a company, ..... in these circumstances on that footing the order appointing receiver was vacated and the receiver was ordered to hand over the property to the first mortgagees, the bank of baroda, but that was done on certain terms and conditions against the bank of baroda as set out in the order namely payment of insurance, payment of taxes, keeping the mills in proper state of repairs and in working order, employing a ..... in one of the affidavits, but to my mind it has an important bearing and that is an allegation in the affidavit in reply to the effect that during the material years this is the only mill in bombay that did not show profit and showed loss and i am unable to find any contradiction of that statement in the affidavit in rejoinder. 9. ..... inspection of the scheme of reorganisation the motive of bachharaj and ..... mathalone and that objection is that the only privity that exists with regard to the petitioners' claim is between the company and the debenture trustees and therefore the petitioners are not the creditors of the company and ..... permitted .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom165; (1957)59BOMLR355; ILR1958Bom32
..... shall be elected by direct election-from territorial constituencies and an act which, provides for indirect elections not from territorial constituencies but from electoral colleges is inconsistent with the constitution and therefore void, prima facie sub-section (4) of section 28 of the states-reorganisation act which enables electoral colleges in the kutch area to elect representatives to the bombay legislative assembly, when the constitution makes provision for direct election from territorial constituencies, may be regarded as ..... provision was also made about certain elections to be held during the year commencing on the appointed day to fill in vacancies in the council of state and in the legislative assemblies of the reorganised ..... the petitioner padmakar balkrishna samant has sought to challenge the validity of certain provisions of the states re-organisation act (37 of 1956). ..... sub-section (1) of that section provided:'where by virtue of the provisions of part ii the whole area of any assembly constituency in an existing state is transferred to any other existing state or becomes part of a new state other than kerala,-- (a) that area shall, as from the appointed day, be deemed to form a constituency provided by law for the purpose of elections to the legislative assembly of such other existing state or of such new state, as the case may be; and(b) the sitting member representing ..... territorial readjustments were made in the areas of the states and certain new states were formed. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal534,61CWN630
..... but the evil effects inherent in such an unusual provision in the constitution is mitigated by the fact that: (a) for the most part, the 'constitution and organisation' of the high courts have already been provided for in the body of the constitution, and (b) in the case of the formation of new states or reorganisation of existing states, there is ample power under article 4 of ..... court: (1) whether the city civil court act was ultra vires of the legislature of the province of bombay in so far as it dealt with the jurisdiction and powers of the high court and city civil court with respect to matters in list i in the seventh schedule of the government of india act, 1935 and (2) whether section 4 of the act was void as it purported to delegate to ..... to say, general jurisdiction to administer justice by adjudicating on all matters brought before them, except of course, matters excluded expressly or by implication either by an existing law continued in force or by statute passed by the appropriate legislature under entries in the three lists relating to jurisdiction and powers of court. ..... conferring it upon the city civil court, the state legislature has affected the constitution and organisation and certainly the jurisdiction and powers of the high court, and this it cannot do.7. ..... act was the bengal money-lenders' act, 1940, which limited the amount recovered by the money-lender on his loans and interest on them, and prohibited payments of sums larger than what was permitted by the act .....
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