Court : Punjab and Haryana
Reported in : AIR1959P& H352; [1960]30CompCas300(P& H)
ORDERTek Chand, J.1. This is a petition under Section 38 of the Indian Companies Act, 1913, which is analogous to Section 155 of the Companies Act of 1956. There aretwo petitioners. The first petitioner Bhagat Singh claimed to have 41 shares of Rs. 100/- each in the'Piar Bus Service Limited, Amritsar. This amount, he claimed to have paid by giving to the Company two motor lorries of the value of Rs. 4,100/- and heclaims himself to be a holder of fully paid up shares.2. The second petitioner is Hardev Singh who had acquired 100 shares of the Company of the value of Rs. 100/- each and had paid the entire amount of Rs. 10,000/- on these shares. The grievance of the two petitioners is that their respective shares were illegally forfeited by the Company and they were transferred to respondents Nos. 2 to 4 andtheir names have been scored out from the register of members of the Company. They have prayedthat this Court should pass an order directing the respondent-Company to enter the names of...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H166; [1967(14)FLR439]; (1967)IILLJ558P& H
..... the union parliament.1. sections 17 and 48(2)(f) of the life insurance act 31 of 1956.2. section 68(2)(b) and (j) of the motor vehicles act iv of 1939.3. section 56(2)(r), administration of evacuee property act 31 of 1950, and 4. section 28(2)(c) of the representation of the people act 43 of 1950. statutes enacted by the punjab state legislature.1. section 27(2)(r) of the east punjab general sales tax act 46 of 1948.2. section 22(2)(1) of ..... us relates to the vires of rule 17 framed by the punjab state government under section 96(1)(b) of the employees' state insurance act, 1948 (hereinafter described as the act) fixing a period of one year as the period of limitation for an application under section 75 of the act. the appeal has been referred to a full bench because the correctness of a bench decision of this court in chanan singh v. regional director employees state insurance corporation, ilr 1963 (2) punj 11: (air 1963 punj 422), is being ..... challenged by the employees state insurance corporation, respondent before us.2. it is unnecessary to state the facetaoin detail. suffice it to say that the employees' state insurance corporation (respondent in this court) through its regional director submitted an application under section 75(2) of the act to the employees insurance court for the recovery of rs. 2,316.46 np as employees' contribution .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H183
S.S. Sandhawalia, C.J.1. Whether the National Insurance Company Limited is ''a State'' for the purposes of Art. 12, or a statutory Corporation amenable to the writ jurisdiction under Article 226 of the Constitution of India, is the somewhat significant question which arises on the very threshold in this writ petition.2. The issue being pristinely legal, the f acts pale into relative insignificance. Suffice it to mention that the petitioner, who is the Branch Manager of the National Insurance Company Limited, claims to be aggrieved by his alleged supersession by officers junior to him and therefore, invokes Art. 16 of the Constitution in his aid. Further a grievance is made about a marginal reduction in his basic salary, which, has been labelled as reduction in rank, for which' the remedy is sought for in the writ jurisdiction under Art. 226 of the Constitution of India.3. Apart from the merits, a significant preliminary objection to the very maintainability of the writ petition has bee...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]94CompCas867(P& H); (1994)107PLR406
N.K. Sodhi, J. 1. Whether proceedings for the execution of an order creating a limited tenancy under Section 21 of the Delhi Rent Control Act, 1958 (hereinafter called 'the Rent Act') are 'other legal proceeding' within the meaning of Section 446(1) of the Companies, Act, 1956 (for short, 'the Act'), necessitating leave of the court for their continuance after the company has been ordered to be wound up and whether the Rent Controller before whom such proceedings are pending is 'a court' within the meaning of Section 446(3) of the Act so as to entitle this court to transfer the proceedings to its own file, are the two meaningful questions that arise for determination in this petition filed under Section 446 of the Act.2. Dr. S. P, Bhargava is the owner of the premises situate at 83, Anand Lok, New Delhi. As he did not require the premises for a limited period of two years he decided to let out the same for this period to Haryana Electro Steel Limited, a company incorporated under the p...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1999]98CompCas683(P& H); [2000(84)FLR538]
V.S. Aggarwal, J. 1. The respondent, the Haryana Financial Corporation (for short 'the corporation'), had filed a petition for winding up of Ravindra Pharmaceutical (P.) Ltd. On February 4, 1994, an order was passed for winding up of the abovesaid company. On August 12, 1994, on the application of the corporation, this court directed that after selling the properties of Ravindra Pharmaceutical Private Limited, the respondent-Corporation will send to this court a detailed report regarding all the steps taken for the sale of the property and also regarding the price which the properties had fetched. On January 13, 1995, an application was filed for confirmation of the sale which was allowed. 2. The official liquidator has filed an application under rule 9 read with rules 147 and 148 of the Companies (Court) Rules, 1959, and sections 529 and 529A of the Companies Act, 1956 (for short 'the Act'). It appears that an accident took place wherein seven workmen died, two were seriously injured....
Tag this Judgment!Court : Punjab and Haryana
..... which was not originally operative, was latter extended by notification dated 23.08.1958 and the provision of insurance act itself was incorporated into the lic act by section 43 of life insurance act, which reads thus:- "43. application of the insurance act.- (1) xxx xxx xxx (2) the central government shall as soon as may be after the commencement of this act, by notification in the official gazette, direct that the following sections of the insurance act shall apply to the corporation subject to such conditions and modifications as may be specified in the notification namely:- sections 2d, 10, 11, 13, 14, 15, 20, 21, 22, 23, 25, 27a, 28a ..... to the business of insurance. the act contained several provisions that detail certain concepts relating to insurance i.e. the persons, who could be in business of insurance, the method of doing business, provisions for winding up of the business and authorities, who could lawfully operate the business of insurance. this act is still in statute book and the life insurance act, 1956 was enacted when the business of life insurance was brought exclusively to life insurance corporation. the act of 1956 provided a virtual monopoly to the life insurance corporation, which was set up under the act. the act contains provisions relating to the establishments of business and the transfer of the existing life insurance business, which had been hitherto enforced under the insurance act. section 49 of the life insurance act, 1956 grants the power .....
Tag this Judgment!Court : Punjab and Haryana
..... act, 1956. the challenge to the application of madras act to one district only on the plea that it offended article 14 was turned down observing that "the re-organization act was a temporary measure and its indefinite prolongation may attract article 14 but the court would go into such a question only if proper pleadings to that effect are made."; (xiii) in av nachane and anr. v. union of india and anr., (1982) 1 scc 205, the challenge to the validity of section 48(2-c) of life insurance corporation act, 1956 ..... provisions of subsection (1) or the name selected is not approved by the [state] government the board shall be designated the central board. (3) the board shall by such name be a body corporate and shall have a perpetual succession and a common seal and shall by such name sue and be sued.sec-43 defines composition and constitution of boardcomposition and constitution of the board -(1) the board shall consist of - (i) one hundred and twenty elected members; (ii) the head ministers of the ..... subsection (2); (iv) fourteen members resident in india, of whom not more than five shall be residents in the punjab, co-opted by the members of the board as described in clause (i), (ii) and (iii).no changein sub-section (1) of section 43 -(a) in clause (i), for the word "twenty", the words, "thirtytwo" shall be substituted; and(b) in clause (iv) for the word "fourteen", the word "seventeen" and for the word "five" the word "four" shall be substituted.no changecomposition and constitution .....
Tag this Judgment!Court : Punjab and Haryana
..... section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the "indian airlines" and "air india" corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act ..... thus noticed that in this case cited by mr. malik, the issue of a contractual appointment for specific periods was not in question and as such the applicability of sub-clause (bb) of clause (oo) to section 2 of the act was not involved. however, the applicability of section 25-f, even in a case where an appointment was without recourse to rules of recruitment, equal opportunity and de hors a sanctioned post ..... court award. with regard to backwages payable, it would now be in relation to the emoluments due under section 17-b of the act.38. as regards the application filed seeking benefits of section 17b of the act, which should correctly have been decided by this court (this bench), at the initial stage itself; .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H9
Harnam Singh, J. 1. This order disposes of Civil Miscellaneous (Writs) Nos. 17, 18 and 19 of 1951.2. Briefly summarised, the material facts are these. On the 17th of February, 1951, respondent No. 1 gave notice under Section 52A of the Indian Insurance Act, 1938, hereinafter referred to as the Act, to the Jupiter General Insurance Company, Limited, Bombay, the Empire of India Life Assurance Company, Ltd., Bombay, and the Tropical Insurance Company, Ltd., New Delhi, hereinafter referred to as the companies, that he had reason to believe that the companies were acting in a manner likely to be prejudicial to the interests of holders of life insurance policies of those Companies and informing them that he would hear them on the 26th of February, 1951, in his office in New Delhi, and unless satisfactory cause was shown he would make a report to respondent No. 2 for the appointment of an Administrator to manage the affairs of the companies. Grounds for action under Section 52A of the Act wer...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H113
Kapur, J. 1. This is an appeal against an order passed by Mr. Jagdish Narain Kapur, Senior Subordinate Judge, Simla, holding that the Court at Simla had no jurisdiction to entertain the application because (1) no part of the cause of action arose in Pakistan, and (2) the applicant before him was not residing in Simla. A policy against loss or damage due to fire, lightning, theft, etc. was taken by the applicant Ram Narain Mehra with General Assurance Corporation which has its Branch Office in India in Calcutta. In the schedule given in this insurance policy it is stated:'Agency; Mr. C. S. Deva, Branch Calcutta.The Insured: Mr. Ram Narain Mehra,7A, Birdwood Road, Lahore.'There are given the details of the property insured and at the bottom it is signed by the Acting Branch Manager.2. On the 1st of June, 1947, the applicant booked a box from Lahore (now in Pakistan) for delivery at Dehra Dun which was delivered there on the 17th August 1947. It appears the applicant discovered certain lo...
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