Court : Allahabad
Decided on : Oct-30-1961
Reported in : AIR1962All355; [1963]33CompCas93(All)
Desai, C.J. 1. This is an appeal from an order of a District Judge granting a succession certificate to the respondent. There is no dispute about the facts. The appellant is the widow of Jhunnoo Lal, while the respondent is the widow of his brother Mannu Lal. In 1948 Jhunnoo Lal took an insurance policy from the Hindustan Co-operative Insurance Society Ltd., for Rs. 5,000/-. According to its terms the Company promised to pay the amount of Rs. 5,000/- on Jhunnoo Lal's surviving the 10th April of the year immediately preceding the expiry of thirty years from the date of the commencement of the insurance, or, off his prior death, to him, or 'his Nominees, Executors, Administrators, Assigns or other Representatives, as the case may be,' subject to proofs being given of the title of the claimants to the policy. Under Section 39 of the Insurance Act the assured nominated Mannu Lal as his nominee. Thus under the policy, the Insurance Company bound itself to pay Rs. 5,000/- to the assured) if ...
Tag this Judgment!Court : Allahabad
Decided on : Nov-14-1961
Reported in : AIR1962All413
Mukerji, J.1. I have had the advantage of reading my brother's opinion and I may, with respect, say that I am in general agreement with his opinion. I agree that this appeal must fail and that the parties should bear their own costs of the appeal.2. Since the appeal raised some interesting questions for determination I thought it desirable to, very briefly, indicate' my own views on some of the questions falling for determination.3. The facts and the important controversies arising on those facts have been fully set out in my learned, brothers' judgment and hence I content myself with dealing specifically with only two questions; first, whether the Board of High School and Intermediate Education which was established by the Intermediate Education, Act, 1921 (U. P. Act II of 1921) was a corporate body with all the privileges and liabilities of such a body, or whether the Board of High. School and Intermediate Education was merely a statutory body with no different existence from being a...
Tag this Judgment!Court : Allahabad
Decided on : Sep-22-1961
Reported in : AIR1963All55
ORDERA.P. Srivastava, J.1. This is an application under Section 235 of the Indian Companies Act of 1913.The Vijai Lakshmi Sugar Mills was a private limited company incorporated under the Indian Companies Act, 1913 in the year 1946. It had an authorised capital of Rs. 15,00,000/- divided into 15,000 ordinary shares of Rs. 100/- each. The issued capital was, however, only Rs. 60,000/-divided into 600 shares of Rs. 100/- each. The company had only three share-holders, viz. Seth Mathura Prasad, Seth Ladli Prasad and Seth Radhey Lal. All these three share-holders were the directors of the company. The company had been incorporated for the purpose of taking over as a running concern a sugar mill which was at that time carrying on the business of sugar manufacture in the name of Vijai Sugar Corporation Ltd. at Doiwala in the district of Dehra Dun. After being incorporated the company purchased and took over all the assets of the Vijai Sugar Corporation Ltd. for a consideration of Rs. 11,15,00...
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