Court : Punjab and Haryana
Decided on : Apr-30-1962
Reported in : AIR1962P& H543
ORDER(1) This is a petition on behalf of the People's Insurance Company, Limited, (in liquidation), under section 185 of the Indian Companies Act, 1913, which provides that the Court may, at any time after making a winding up order, require any contributory, any trustee, agent, officer of the Company, etc., to pay, deliver, surrender or transfer to the official liquidator any money, property or documents in his hands to which the company is prima facie entitled. It is consequently prayed that Sardar Sardul Singh Caveeshar be ordered to pay a sum of Rs. 5,73,100/- to the Official Liquidator of the Company. The Company was ordered to be compulsorily wound up on 29th of April 1955 by the District Judge, Delhi. The respondent was the Managing Director of the Company and as such he was an officer of the Company and also occupies the position of the trustee of the Company. The three amounts totaling Rs. 5,73,100/- which are claimed to belong to the Company are as under:(a) The difference in ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-15-1962
Reported in : AIR1963P& H252
P.C. Pandit, J.1. On 3-8-1949 Sohan Singh and Gopi Nath, owners of two firms and who were also the partners of the Commercial Syndicate, instituted a suit for dissolution of partnership and rendition of accounts against the remaining 9 other partners of that Syndicate. A preliminary decree fixing the shares of the various partners and appointing one Nathu Mal as a Local Commissioner for going into the accounts and for reporting the liability of each of the partners was passed on 29-4-1950. Later on a final decree in accordance with the report of the Local Commissioner was passed on 29-6-1950. This decree was ex parte against Parma Lal and others defendants 2 to 9. It was later on set aside in appeal filed by Hans Raj, defendant No. 3, by this Court on 24-12-1953 and the case was remanded to the trial Court to proceed from the stage at which the ex parte proceedings had been taken. On 31-5-1960 the legal representatives of the plaintiffs, plaintiffs having died in the meantime, and defe...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-14-1962
Reported in : AIR1963P& H422; [1963(7)FLR64]
D. Falshaw, C.J.1. These seven appeals, Nos. 17, 18, 41, 59, 140, 142 and 192, all of the year 1961, have been referred to a Division Bench, six by my learned brother Harbans Singh, J. and the other by D. K. Mahajan, J. In two of the appeals the Regional Director of the Employees State Insurance Corporation is the appellant and in the rest he is the respondent, the appeals all being against orders of the Court constituted under Section 74 of the Employees' Stale Insurance Act, XXXIV of 1948, on, applications filed Before it either by the employer or by the Corporation under Section 75 of the Act 2. In my opinion the best course will be for the Division Bench to give a decision on certain points of law which have arisen in the appeals, leaving the cases to be decided according to their own facts by a Single Judge in the light of these decisions. I, therefore, do not propose to set out the facts in all the cases except so far as is necessary for the purpose of deciding the points of law....
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