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In Re: Oriental Gas Company Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1961Cal267

..... . in the present case the impugned legislation is entitled as an act to provide for taking over for a limited period of the management and control and the subsequent acquisition of the oriental gas company limited, it is stated in the preamble that whereas it is expedient to provide for increasing the production of gas and improving the quality thereof for supply to industrial undertakings, hospitals and other welfare institutions, to local authorities, for street lighting and to the public in general for ..... . gupta relied on act v of 1857 for the purpose of showing that the company was formed for the purpose of introducing gas work into india and the company erected gas works on land granted for that purpose and that oriental gas company was engaged in the preparation of apparatus and materials for the manufacture and supply of gas. dr ..... . the 1951 act is for development and regulation of industries and the state act of 1960 is for taking over the management and control of the oriental gas company, a gas works for supply of gas to various undertakings, hospitals, local authorities and the public ..... . das's contention was that the production of gas and the supply thereof was so inextricably bound up that the one could not be dissociated from the other and therefore oriental gas company which was engaged in the production of gas would become an industry for the production of gas within the meaning of the union act 65 of 1951. mr .....

The Calcutta Gas Company (Proprietary) Ltd. Vs. the State of West Beng ...

Court : Supreme Court of India

Reported in : AIR1962SC1044; [1962]Supp3SCR1

..... on july 24, 1948, under an agreement entered into between the oriental gas company, and the calcutta gas company the latter was appointed the manager of the former company in india for a period of 20 years from july 5, ..... under the agreement, therefore, the appellant had the right to manage the oriental gas company for a period of 20 years and to receive the aforesaid amounts toward its remuneration for ..... third specifying october 7, 1960, as the date with effect from which the state government would take over for a period of five years the management and control of the undertaking of the oriental gas company for the purposes of, and in accordance with, the provisions of the said act. ..... under the agreement, the appellant had the right to manage the oriental gas company for a period of 20 years and to receive remuneration for the ..... the oriental gas company was originally constituted by a deed of settlement dated april 25, 1853, by the name of the oriental gas company, and it was subsequently registered in england under the provisions of the english joint stock companies act ..... the high court that the appellant has no locus standi to file the petition cannot be sustained, as under the impugned act the appellant's legal rights under the agreement entered into by it with the oriental gas company on july 24, 1948 were seriously affected. ..... by act v of 1857 passed by the legislative council of india, it was empowered to lay pipes in calcutta and its suburbs and to excavate the streets for the .....

Ranchi Power Distribution Company Limited and Anr Vs. Jharkhand Bijli ...

Court : Jharkhand

..... july 24, 1948, under an agreement entered into between the oriental gas company and the calcutta gas company, the latter was appointed the manager of the former company in india for a period of 20 years from july ..... under the agreement, therefore, the appellant had the right to manage the oriental gas company for a period of 20 years and to receive the aforesaid amounts towards its remuneration ..... the third specifying october 7, 1960, as the date with effect from which the state government would take over for a period of five years the management and control of the undertaking of the oriental gas company for the purposes of, and in accordance with, the provisions of the said act. ..... the agreement, the appellant had the right to manage the oriental gas company for a period of 20 years and to receive remuneration for ..... oriental gas company was -33- originally, consituated by a deed of settlement dated april 25, 1853, by the name of the oriental gas company, and it was subsequently registered in england under the provisions of the english joint stock companies ..... oriental gas company is the owner of the industrial undertaking, inter alia, for the production, manufacture, supply, distribution and sale of fuel gas ..... 4 to the petition were the state of west bengal and the concerned officers, and respondent 5 was the oriental gas company limited. ..... by act v of 1857 passed by the legislative council of india, it was empowered to lay pipes in calcutta and its suburbs and to excavate the streets for .....

V.V. Purie Vs. E.M.C. Steel Ltd. and ors.

Court : Delhi

Reported in : [1980]50CompCas127(Delhi); ILR1979Delhi477

..... the west bengal legislature enacted the oriental gas company act, 1960 providing that the said undertaking should stand transferred to the state government for five years for management and control and ..... company had been appointed under an agreement as the manager of another company (oriental gas company ..... i agree that if the section, can be read as envisaging beyond all doubt that it will be open to any person to come to the court and seek an investigation into the affairs of any company, the courts should not be deterred from giving that interpretation merely because it might open the flood gates of litigation, for, where the statute is clear the court should give effect to the right created ..... prejudice to its powers under section 235, the central government : (a) shall appoint one or more competent persons as inspectors to investigate the affairs of a company and to report thereon in such manner as the central government may direct, if (i) the company, by special resolution: or (ii) the court by order, declares that the affairs of the company ought to be investigated by an inspector appointed by the central government; and (b) may do so if, in the opinion of the central government there are ..... as to enable relief to be obtained only by some person whose rights have been affected by the manner in which the affairs of the company have been conducted or accounts maintained and has, thereforee, a grievance in the eyes of law for which he seeks relief from the court ..... calcutta gas company ( .....

Oriental Gas Ltd. and ors. Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1978SC248; (1979)1SCC171; [1979]1SCR617

..... :-the interest referred to in paragraph i shall be on the amount mentioned in the said paragraph for the period commencing from the date of vesting of the undertaking of the company under sub-section (2) of section 7 and ending with the date immediately before the date of enactment of the oriental gas company (amendment) act, 1968, calculated at the average bank rate during the said period.it should also be mentioned here that section 9(2) was also amended and it was ..... writ petition was, however, dismissed as withdrawn in may 1969 as the oriental gas company act, 1960 was amended in the meanwhile by the president's act 15 of 1968; the oriental gas company (amendment) act 1968. ..... in 1970 the west bengal legislature passed the oriental gas company (amendment) act, 1970 (west bengal act 6 of 1970) once again substituting a new section 8(1)(b) and section ..... it is thus seen that the provisions of the oriental gas company act as originally enacted in 1960 provided for the determination of compensation by the method of cost less depreciation, or the method of capitalisation and directed the payment of whichever was less, in the shape of bonds carrying interest at 3% ..... the report of the committee was received by the government of west bengal, the west bengal legislature enacted the oriental gas company act (west bengal act xv of 1960) providing for the taking over for a limited period, of the management and control and the subsequent acquisition of the undertaking of the oriental gas co. .....

Association of Natural Gas and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2004(6)ALD99(SC); (2004)2GLR1413; JT2004(3)SC529; (2004)4SCC489

..... state of gujarat submitted that entry 25 of list ii of the seventh schedule gives power to the state legislature to make legislation on any subject relating to gas and gas-works and that this was considered by this court in calcutta gas company (proprietary) limited (supra) and the act passed by the state legislature, namely, the oriental gas company act, 1960 was held to be constitutionally valid. ..... gas company was appointed as the manager of the oriental gas company, the west bengal legislature passed an act whereby the state government took over for a period of five years the management and control of the oriental gas company. ..... in india purchased 98 per cent of the shares of the said oriental gas company and floated a limited liability company named the calcutta gas company (proprietary) limited. ..... case are : the oriental gas company was registered in england. ..... though it is stated in the calcutta gas company's case (supra) that under entry 25 of list is the state legislature has got powers to make any legislation regarding gas and gas-works, it cannot be of any assistance to support the constitutional validity of the 'gujarat act' as the definition of the word 'gas' under the gujarat act is an inclusive definition and any matter in gaseous state which predominantly contains ..... in calcutta gas company's case, the question whether the gas and gasworks mentioned in entry 25 list ii would come within the expression 'petroleum or petroleum products' was not directly involved nor it was .....

State of Andhra Pradesh and Others, Etc. Vs. Mcdowell and Co. and Othe ...

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)428; AIR1996SC1627; JT1996(3)SC679; (1997)1MLJ82(SC); 1995(4)SCALE762; (1996)3SCC709; [1996]3SCR721

..... the west bengal legislature passed an act [west bengal oriental gas company act, 1960] with a view to take over the management and control of the undertaking of the oriental gas company. ..... to persons who are tourists from outside the state and to persons who are not ordinarily residents of the state to consume liquor;(v) permits to members serving or retired belonging to the armed forces to consume liquor;(vi) permits to companies, corporations, institutions, industrialists, exporters, importers and similar such functionaries as may be notified, who normally entertain foreigners, non-resident indians and guests coming from outside the state in pursuance of their business activity or the ..... , '(1) entry 24 of list ii, which provides for industries, generally, covers the industrial aspect of gas and gas-works leaving entry 25 to provide for other aspects of gas and gas-works, (2) entry 24 provides generally for industries, and entry 25 carves out of it the g specific industry of gas and gas-works, with the result that the industry of gas and gas works, is excluded from entry 24; and (3) the industry of gas and gas-works falls under both the entries, that is, there is a real over-lapping ..... the ratio of the calcutta gas company fully supports our conclusion that the industries engaged in the production and manufacture of intoxicating liquors are outside the purview of entry 24 and fall squarely within entry 8 in list-ii and that entry 52 in list-i does .....

Oriental Gas Company Ltd. Vs. State of West Bengal

Court : Kolkata

Reported in : [1973]32STC141(Cal)

..... thereafter sent a reply dated 2nd may, 1967, informing him that under the provision of the oriental gas company act, 1960, the state of west bengal has been made liable for the payment of such ..... that such a return was filed before the appointed date, the proceeding was pending in respect of the tax liability for the said period and such a pending proceeding under section 4(d) of the oriental gas company act can be continued or enforced against the state of west bengal and not against the petitioner.5. ..... oriental gas company limited, a company registered under the english joint stock companies ..... urged on behalf of the petitioner is that in view of section 4(d) of the oriental gas company act, 1960, the liability can be enforced only against the state government which has taken over the management and control of the undertaking of the petitioner-company. ..... for assessment and as the proceeding for recovery was not pending on the appointed date, the tax liability of the petitioner cannot be enforced against the state of west bengal under section 4(d) of the oriental gas company act. ..... the oriental gas company act, as already referred to, was enacted to provide for the taking over for a limited period of the management and control and the subsequent acquisition of the undertaking ..... , oriental gas company act, 1960 (west bengal act 15 of 1960), provided for the taking over the management and control of the undertaking of the petitioner for five years with effect from the date to be specified .....

Shah Babulal Khimji Vs. Jayaben D. Kania and anr.

Court : Supreme Court of India

Reported in : AIR1981SC1786; 1981(3)SCALE1169; (1981)4SCC8; [1982]1SCR187

..... the oriental gas company where sir richard ..... in oriental gas company's case (supra) so as to include only those orders of the trial judge which are of a final nature and effectively decide the controversy of the issues ..... for instance, in this very case with which this court was dealing, an order passed under section 202 of the companies act was appealable to a larger bench and yet it was argued that the order being of an interlocutory nature would not be a judgment and therefore no appeal would lie to the ..... that occasion has not arisen before us either since in view of the construction which we have adopted of section 202 of the indian companies act the scope of the expression 'judgment' in the letters patent does not call for examination or final decision. 11. ..... similarly, in shankarlal aggarwal's case (supra) this court while construing the provisions of section 202 of the indian companies act observed as follows:there was no doubt either that most of the orders or decisions in winding up would not be comprehended within the class of appealable orders specified in section 104 or order 43 ..... aggarwal's case (supra) while indicating the divergence of judicial opinion on the subject this court held that an order under section 202 of the indian companies act was a judgment within the meaning of letters patent and therefore appealable ..... that no appeal against an order passed by a trial judge under section 202 of the companies act would lie to a division bench in view of the letters patent. .....

Sadashiv Govind Akolker Vs. Soondardas Narandas

Court : Mumbai

Reported in : (1930)32BOMLR1647

..... the oriental gas company (1872) 8 b. l.r. ..... the oriental gas company (1872) 8 b. l.r. .....