Court : Chennai
Reported in : AIR1962Mad192; [1962]32CompCas395(Mad)
..... 14) there is yet another principle of statutory interpretation by the application of which the same conclusion is reached namely the history of the section. in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd., ilr 54 all 1067 : (air 1933 pc 63) lord rusell of killowen observed,"in considering the meaning and effect of s. ..... outstanding but not yet payable. the provisions of s. 186 which exclude from its operation any money payable by virtue of any call in pursuance of the act is sufficiently wide to include a case where money has already been called by the directors while the company was a going concern. if the legislature intended that ..... mortgagees' rights would be outside the liquidation proceedings. he further held that the application filed by the official liquidator being one under section 186 of the indian companies act, 1913, could not be maintained in respect of a claim for recovery of the call money. in the result the official liquidator's application was dismissed and .....
Tag this Judgment!Court : Chennai
Reported in : AIR1962Mad506; [1962]32CompCas1102(Mad)
..... to s. 3 of the limitation act and reckon the date of his sending in the claim to the official liquidator as the date of the institution of the suit. as pointed out by the privy council in hansrai gupta v. dehra dun mussorie electric tramway co., ltd., 60 ..... of the matter have also been pointed out in air 1936 bom 130: ilr 60 bom 444 (a case under the provincial insolvency act) and the decision of the punjab high court in . the decision of the punjab high court is in fact a direct decision ..... naturally follows if full effect is to be given to the principle of retrospective operation contained in s. 168 of the companies act which is in absolute terms and is not qualified by any exception. we may point out that this view is also what ..... discharge by reason of any obligation incurred before the date of such adjudication, shall be deemed to be debts provable under this act."this provision read by itself would permit proof only of debts not barred at the date of the adjudication. but this has .....
Tag this Judgment!Court : Chennai
Reported in : (1962)2MLJ414
..... of the provision in the explanation to section 3 of the limitation act and reckon the date of his sending in the claim to the official liquidator as the date of the institution of the suit. as pointed out by the privy council in hansraj gupta v. official liquidators of dehra dun, etc., co. (1932) 64 m.l.j. 403 : l. ..... proceedings would be considerably lost. these aspects of the matter have also been pointed out in byramji bomanji v. official assignee, bombay : air1936bom130 (a case under the provincial insolvency act) and the decision of the punjab high court in ramchand v. lahore e. & s. company . the decision of the punjab high court is in fact a direct decision ..... the view we have taken is what naturally follows if full effect is to be given to the principle of retrospective operation contained in section 168 of the companies act which is in absolute terms and is not qualified by any exception. we may point out that this view is also what convenience and commonsense would dictate. the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad307; [1963]33CompCas367(Mad); (1963)2MLJ116
..... (in liquidation) , observed that an application under section 186 of the old act could not be regarded as a 'suit instituted' or an 'application ..... made' under section 3 of the indian limitation act, 1908. even so, the privy council went on to ..... section 469 of the indian companies act 1956.2. it is true that the application under section 469 is not a suit or an application within the purview of any of the articles in the indian limitation act of 1908. referring to this aspect, the privy council in hansraj gupta v. dehra dun mussorie electric tramway co. ltd., .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad376; [1964(9)FLR232]; (1963)IILLJ597Mad
..... as to avoid if possible casus omissus still, we should not strain the language of the act where the omission clearly appears. as the privy council has observed in connection with a different matter, in hansraj gupta v. official liquidators of dehra dun etc., co. ltd. ,'it is either an application made within time, or it is ..... is material says:'power of state government to make rules:1. the state government may, subject to the condition of previous publication, make rules not inconsistent with this act in regard to all or any of the following, matters, namely-(a) the constitution of employees' insurance courts, the qualifications of persons who may be appointed judges ..... oath and recording evidence and such court shall be deemed to be a civil court within the meaning of section 195 and ch. xxxv of the criminal procedure code, 1898 (act v of 1898)(2) the employees' insurance court shall follow such procedure as may be prescribed by rules made by the. state government.(3) all costs incidental .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad292; (1964)ILLJ709Mad
..... all 1067: air 1963 pc 63 the power of the court under s. 186(1) of the indian companies act, 1913, to order a contributory in a winding up to pay a debt was considered ..... itself shows that what is contemplated by the act is the provision of a summary remedy in order to give the workers immediate relief in respect of part of their claims, having their rights under the general law unaffected.in a decision of the privy council is hansraj gupta v. dehra dun mussoorie electric tramways co. ltd., ilr 54 ..... provisions dealing with limitation and the power to condone delay, an interpretation with regard to one will equally apply to the interpretation of a similar provision to the other act.(17) learned counsel has referred to the decisions in south india estates labour relations organisations v. sate of madras, : air1955mad45 . the question that was considered there .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad322
..... expression 'suit' has been interpreted as aproceeding in a court of justice for the enforcement of a right, involving a legal proceeding of a civil kind. in hansraj v. dehra dun m.e.t. co. ltd. air 1933 pc 63 the word "suit" again, has been interpreted as a civil proceeding instituted by the presentation of a plaint. in ..... to state that the perspective of approach should certainly be generous, a narrow or very literal perspective will not be in consonance with the preamble to the usurious loans act that we have earlier set forth, or the principles of construction of statutes of this type, having in mind the probable intention of the legislature. as observed ..... arisen. in consequence of certain acquisition proceedings relating to s. no. 3477, there was a reference to court under ss. 30 and 31(2) of the land acquisition act, by the collector of madras, on the ground of a dispute between a certain jawantraj sowcar, the owner of the property, who is the respondent herein, and chotilal sowcar .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ346
..... its powers of execution according to the law applicable to such court to the execution of a foreign decree or judgment. the limitation act applies only to suits, appeals and applications. in hansraj gupta v. official liquidators of dehra dun etc. company i.l.r.all. 1087 : l.r. 60 indap 13 : 64 m.l.j. 403 the judicial committee of the privy ..... would apply to decrees obtained on the original side alone of the high courts of the three presidency towns. act iv of 1859 was superseded by act ix of 1871. article 169 of the latter enactment which corresponded to section 19 of the old act accepted the view of the privy council and expressly referred to decrees as ' those in the exercise of their .....
Tag this Judgment!Court : Chennai
Reported in : (1967)2MLJ438
..... -barred, in order to give relief to the cultivating tenant from being evicted from his holding.8. the privy council decision in hansraj gupta v. official liquidators of dehra dun etc. company i.l.r. (1932) all. 1067, relied on by alagiriswami, j., in his order of reference is clearly distinguishable and it can hardly furnish ..... a cultivating tenant and the right of the landlord to recover such arrears from the tenant are not matters which the revenue divisional officer is empowered under the act to determine, but are matters which may arise incidentally in determining the question whether the cultivating tenant is liable to be evicted or not.9. the ..... decree or order of a court or otherwise,' except in accordance with the provisions of the succeeding sub-sections. subsection (2) of the section 3 of the act provides that, subject to the next succeeding sub-section, namely, sub-section (3), cultivating tenants falling under that subsection cannot claim the exemption from eviction conferred on .....
Tag this Judgment!Court : Chennai
Reported in : (1971)IILLJ130Mad
..... was also placed on the decision of the judicial committee in hansraj gupta v. official liquidators, dehra dun mussoorie electric tramway co. 60 i.a. 13. that case was concerned with an application made under section 186(1) of the indian companies act, 1913, by official liquidators. the judicial committee pointed out that the amount which the official liquidators ..... unless such provision lays down any period of limitation. the court held that there is no justification in inducting a period of limitation provided in the limitation act into the provisions of section 33-c(2) which do not lay down any limitation and that such a provision can only be made by legislature if ..... judgment of the judicial committee in ramdutt ramkissendass v. f.d. sassoon and co. 56 i.a. 128, where the judicial committee observed:although the indian limitation act does not in terms apply to arbitrations, they think that-in mercantile reference of the kind in question it is an implied term of the contract that the .....
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