Court : Gujarat
Reported in : [1984]56CompCas487(Guj); (1983)1GLR44
..... v. asia udyog p. ltd. [1974] 44 comp cas 359, was concerned with a question as to what is the power or authority of a company court in the context of a scheme of arrangement of amalgamation under s. 153 of the indian companies act, 1913. pursuant to the sanction of the scheme of amalgamation, the assets and liabilities of the transferor ..... mr. mehta particularly drew my attention to that part of the said order where this court had, in exercise of its power under s. 392(1)(b) of the companies act, 1956, decided the rights of third parties and issued the appropriate directions in order to insure a proper working of the scheme. it is no doubt true that the ..... evolved in good faith would be sanctioned if it is able to secure the prescribed majority of the different interest affected thereby (vide alabama, new orleands texas and pacific junction railway co., in re : [1891] 1 ch 213 (ca). the effect of the order of the court sanctioning the scheme is that the scheme becomes binding on all its .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR392
..... the process of court.3. a few relevant facts may be noted in this connection. the petitioner no. 1 is a private limited company registered under the provisions of the indian companies act. the second petitioner is its managing director and third petitioner is its director while the 4th petitioner is the chief executive of the ..... first petitioner company. this company is running a processing house in this city. the company obtains gray cloth from the market and processes the same for ..... is reached on the uncontroverted facts on the record of this case, the result is obvious. the complaints filed against the company for the alleged breach of the provisions of the act would ipso facto become unauthorised and non-maintainable. they would represent an exercise in futility and would clearly amount to a totally .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1364
..... the special powers and jurisdictions conferred by the code on the civil court. in paragraph 29 of the judgment, the full bench has further held that the proceedings under the indian companies act, 1913 may be said to be proceedings of the nature contemplated by section 141, civil p.c. section 141, however, deals with procedure and procedure alone. it ..... 14, rule 6 and order 36, rules i to 5 are not purely matters of procedure and that being so, it cannot be claimed that the court acting under section 153, companies act, 1913, has all the powers which are conferred under the code of civil procedure upon a court of civil jurisdiction dealing with a suit.10. in paragraph ..... section 90 rule 6 of order 14 and rules i to 5 of order 36 do not empower the court sanctioning the composition or scheme of arrangement under section 153, companies act, 1913, to make directions of the type as are sought in the claim petitions before the coilrt.11. the ratio of brijmohan's case (supra) has been accepted .....
Tag this Judgment!Court : Gujarat
Reported in : II(1984)ACC97; (1983)1GLR243
..... 9. we may refer to privy council case reported in quebec railway, light, heat and power company limited v. vandry 1920 a.c. 662. that was a case where article 1054 of the civil code of quebec was considered. the facts found were as under:the appellant company, acting under statutory powers, had erected along a road in quebec ..... they may be required to do, and so far as is practicable, shall be constructed, installed, protected, worked and maintained in accordance with the standards of the indian standards institution so as to prevent danger.rule 50(1)(f) reads as under:50. supply and use of energy.--(1) the energy shall not be supplied, transformed ..... during the monsoon or after the monsoon. if this was the situation the evidence itself would show that gujarat electricity board was negligent. there was a duty cast by indian electricity rules, 1956 and we may only refer to two rules. rule 29(1) reads as under:29. construction, installation, protection, operation and maintenance of electric .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1174
..... employees' state insurance court (hereinafter referred to as 'the esi court'), five applications were moved by five different mill-companies of this city under section 73-b of the esi act for declaration that the respective mill-company was not liable to pay employer's special contributions on the wages paid to its employees in respect of the ..... wages or salary for services rendered.8. in accountant general v. n. bakshi : air1962sc505 , the supreme court examined whether the right to passage of a member of indian civil service in the context of all india services (overseas pay, passage and leave salary) rules, 1957 is in the nature of remuneration. in that context, the supreme ..... of the term 'remuneration' commended to the supreme court in n. bakshi's case (supra) was because it was examining the right of a member of the indian civil services under the all india services (overseas pay, passage and leave salary) rules, 1957. the emphasis of the learned single judge, while confirming the view .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR237
..... of the present case, the application of the provisions of section 80 of the indian railways act is excluded. if so, the liability of the forwarding railway is governed by section 72 of the said act. under that section the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the ..... liability under these sections is one for negligence only in the absence of a special contract. generally goods are consigned under a risk note under which the railway company is absolved of all liability or its liability is modified. no such risk note is forthcoming in the present case. the question, therefore, reduces itself to ..... to see, so far as they appear, evidence of any negligence at all.appears to have proceeded upon some misconception. the court in bombay steam navigation company's case followed the majority view of the madras high court reported in sheikh mohamad ravuther v. the british india steam navigation co. ltd. as expressed .....
Tag this Judgment!Court : Gujarat
Reported in : [1986]59CompCas368(Guj)
..... on record. - the present three applicants are the managing director of shri ambica mills ltd., a public limited company earlier registered under the indian companies act, 1913, and then governed by the provisions of the companies will mention ambica mills ltd. as petitioning company which had filed company petition no. 49 of 1978 before this court; while the three applicants will be referred to as the managing ..... directors of the company or managing directors for short. 4. by way of company petition no. 49 of 1978, the petitioning company moved .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj106; (1985)1GLR49
..... of opponent no. 3 firm rightly disowned their liability under the surety ship agreement in favour of petitioner-bank as they got discharged under section 141 of the indian contract act in view of the fact that the manager of the petitioner- bank. shri raval in his deposition clearly stated' that the hypothicated goods which formed the ..... learned author in this connection has referred to the case of brettel v. williams, (1849) 4 ex. 623; wherein the facts were that the defendants who were railway contractors had made a sub-contract for performance of part of some work they had undertaken. the sub-contractor required a quantity of coal, and one of the defendants ..... tribunal on this aspect. it must, therefore, be held that the tribunal was justified in taking the view that the sureties were discharged under section 141 of the indian contract act so far arbitration case no. 1581 of 1975 is concerned. the third contention, therefore, stands repelled.9. so far as the last contention raised by mr. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1244
..... the economic interest of its members in accordance with the well-recognised co-operative principles and therefore, the co-operative societies had to be organised under the indian companies act, 1882. some of the provisions of the companies act, 1882 were wholly inapt to the societies envisaged for implementation of the recognised co-operative principles. an appropriate legislation was, therefore, felt to be the need ..... methods of working. it was also for the first time that a scheme of the winding-up, liquidation and dissolution of societies on the lines of the indian companies act, 1913 was incorporated in the 1925 act. it also provided for summary recovery of the societies' dues as adjudicated in arbitration proceedings. pursuant to the suggestions of two important committees set up by the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj184; (1985)1GLR365
..... for application of the principle of lis pendente contained in s. 52, namely registration of the notice of pendency of such suit under s. 18 of the indian registration act, 1908 has not been satisfied. i do not think that either of these contentions has much substance in it. the first contention is stated for merely rejecting it ..... a similar contention was urged in the case before tile supreme court that the doctrine of lis pendents contained in s. 52 did not operate against the appellant-company which was not bound by the decree obtained against the original tenant. reliance was sought to be placed in support of this contention on the provision contained in ..... be helpful and the trustees of the respondent-trust were entitled to execute tile decree which they had obtained against the original tenant against the sub-tenant the appellant company also. in that view of the matter, therefore, i am of the opinion that both these contentions urged on behalf of respondent no. 2 should be rejected. .....
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