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V.R. Mudvedkar and ors. Vs. the State of Mysore by Its Chief Secretary ...

Court : Karnataka

Reported in : AIR1971Kant202; AIR1971Mys202; (1971)1MysLJ188

..... by section 4 of the oriental gas company act, 1969, with effect from the appointed date and for a period of five years thereafter, the management of the company stood transferred to the state government and the company, its agents and servants ceased to exercise management or control ..... the petitioner had been appointed as manager and the general management of the affairs of the oriental gas company wag entrusted to it for a period of 20 years. ..... the petitioner was deprived of the right to manage the oriental gas company for a period of five years. ..... the learned counsel for the petitioners however over-looked the facts of the case decided by the supreme court, the petitioner in that case which was a company had entered into an agreement dated 20-7-1948 with respondent 5 in regard to the management of a company called oriental gas company. ..... dealing with the decision of the supreme court in calcutta gas company's case referred to above, this is what the supreme court said in gadde venkateswara rao's case, : [1966]2scr172 : 'the court held in the decision cited supra that 'ordinarily' the petitioner who seeks to ..... the above case, nor the petitioners have been able to establish any exceptional circumstance which would take their case out of the ordinary rule laid down by the supreme court in calcutta gas company's case, : air1962sc1044 . ..... under the agreement, therefore, the petitioner has a right to manage the company for a period of 20 years and to receive the aforesaid amounts towards its .....

T.V. Tuljaram Row Vs. M.K.R.V. Alagappa Chettiar

Court : Chennai

Reported in : (1912)ILR35Mad1

..... the oriental gas company (1872) 8 bang. l.r. ..... the oriental gas company (1872) 8 beng. l.r. ..... the oriental gas company (1872) 8 beng. l.r. ..... the oriental gas company (1872) 8 beng l.r. ..... the oriental gas company (1872) 8 beng. l.r. ..... the oriental gas company (1872) 8 beng. l.r. ..... 216, atlas assurance company, limited v. ..... i think such an order is appealable, see atlas assurance company, limited v. .....

Kapil Dhawan Vs. Chhotey Lal Gaya Prasad Trust and ors.

Court : Allahabad

Reported in : 2009(1)AWC831

..... 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 agreement, the appellant had the right to manage the oriental gas company for a period of 20 years and to receive remuneration for ..... necessary in this case to decide whether under the said agreement the appellant was constituted as agent or managing agent or a servant of the oriental gas company. ..... into an agreement dated july 24, 1918, with respondent no, 5 in regard to the management of the oriental gas company. ..... enforceable as fully and effectively as if instead of the company the state of west bengal had been named therein or had been a party thereto:under the said section, with effect from the appointed day and for a period of five years thereafter, the management ..... contracts, excluding any contract or contracts in respect of agency or managing agency, subsisting immediately before the appointed day and affecting the undertaking of the company shall cease to have effect or to be enforceable against the company, its agents or any person who was a surety thereto or had guaranteed the performance thereof and shall be of as full force and effect, against or in favour of the state of west bengal and shall be ..... calcutta gas company (proprietary) .....

P.G.F. Ltd. Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)

..... (west bengal oriental gas company act, 1960) [15 of 1960] with a view to take over the management and control of the undertaking of the oriental gas company ..... 1912 or a society being a society registered or deemed to be registered under any law relating to cooperative societies for the time being in force in any state;(ii) under which deposits are accepted by non-banking financial companies as defined in clause (f) of section 45-i of the reserve bank of india act, 1934;(iii) being a contract of insurance to which the insurance act, 1938, applies;(iv) providing for any scheme, pension scheme ..... imposition of penalties; and for establishment of a securities appellate tribunal, to hear appeals from the orders or decisions of the adjudicating officer;(e) issue regulations without the approval of the central government;(f) allow directors of companies to be appointed as members of the board so that the board benefits from the expertise of people familiar with the capital market;(g) facilitate the issuance and trading of options in securities;(h) allow the existing ..... of the impugned order was felt at chandigarh, inasmuch as the pgfl will have to carry out the directions contained in the impugned order from chandigarh.secondly, in the event of winding-up of the petitioner-company, this court alone, would have jurisdiction to adjudicate upon the issue, since the registered office of the pgfl is located at chandigarh.thirdly, approximately 191.50 acres of land sold by the pgfl is located .....

Sushila Devi Bhaskar Vs. Ishwar Nagar Cooperative House Building Socie ...

Court : Delhi

Reported in : 45(1991)DLT518

..... under the agreement, thereforee, 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 agreement, the appellant had the right to manage the oriental gas company for a period of 20 years and to receive remuneration for ..... necessary in this case to decide whether under the said agreement the appellant was constituted as agent or managing agent or a servant of the oriental gas company. ..... to the management of the oriental gas company. ..... as fully and effectively as if instead of the company the state of west bengal had been named therein or had been a party thereto:' under the said section, with effect from the appointed day and for a period of five years thereafter, the management ..... contracts, excluding any contract or contracts in respect of agency or managing agency, subsisting immediately before the appointed day and affecting the undertaking of the company shall cease to have effect or to be enforceable against the company, its agents or any person who was a surety thereto or had guaranteed the performance thereof and shall be of as full force and effect against or in favor of the state of west bengal and shall be enforceable ..... upon the judgments in calcutta gas company limited v. ..... in calcutta gas company (proprietary) ltd .....

Managing Director, Assansol Electric Co. Ltd. Vs. Assansol Municipalit ...

Court : Kolkata

Reported in : AIR1964Cal539

..... the west bengal legislature passed the oriental gas company act, 1960 under which the calcutta gas company (proprietary) ltd. ..... had a contract with the oriental gas co. ..... , had entered into an agreement with the oriental gas co. ..... as i have already stated, negotiations had in the meantime been going on between several parties and the asansat electric supply company quoted certain rates for the supply of power subject to various conditions, but these rates and the terms and conditions were not acceptable to the municipality which asked for a modification of the same. ..... dutt made the alternative case 'hat under clause 118 of the articles, the managing director 's entitled to additional remuneration and the inability of the company to get the contract, affected his additional re-muneration and thus the managing director had a cause of action. ..... the rules of procedure prevailing in this court, including rules 15 and 19 of the rules in the writ jurisdiction make provisions for the institution of legal action on behalf of a company and there is no such rifle enabling the managing director to sue on behalf of a company incorporated under the indian companies act, in his own name. ..... there was never a concluded contract between the said company and the asansol municipality for supply of power to its pumping station. ..... here, the applicant is the managing director himself, and not the company, and the provisions of the rules relating to applications made by a company have not been complied with. mr. .....

Tashi Delek Gaming Solutions Ltd. and anr. Vs. State of Karnataka and ...

Court : Supreme Court of India

Reported in : AIR2006SC661; 2006(1)CTC208; 2007(1)CTLJ121(SC); JT2005(10)SC458; (2006)1SCC442; 2006(1)LC309(SC)

..... question arose as to whether the petitioner therein who had a right to manage the oriental gas company for a period of 20 years and to receive remuneration for the same could question the vires of the law whereby the said oriental gas company was taken over as a result whereof his right to continue in the business was ..... under the agreement, the appellant had the right to manage oriental gas company for a period of 20 years and to receive remuneration for ..... that the petitioner company had such a right, stating :'...it is not necessary in this case to decide whether under the said agreement the appellant was constituted as agent or managing agent or a servant of oriental gas company. ..... up for consideration before this court in calcutta gas company (proprietary) ltd. v. ..... in the circumstances, as the appellant's personal right to manage the company and to receive remuneration therefore had been infringed by the provisions of the statute, it had locus standi to file the petition under article 226 of ..... the appellant has claimed (as disclosed by the plaint) is a declaration that the appellant is entitled to quarry lime stone and manufacture lime from the murli hill as a mere local agent of the lessee company, the appellant has no such right of suit. ..... other words, that the mill company were necessary and not merely proper ..... , wherein it was opined :'it was next argued on behalf of the defendants that the suit was detective and must have been dismissed unless and until the mill company was added. .....

Hari Krishna Kanoi and anr. Vs. Appropriate Authority and ors.

Court : Kolkata

Reported in : [1994]207ITR743(Cal)

..... 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 same ..... (whether or not including any machinery, plant, furniture, fittings or other things therein) which has been constructed or which is to be constructed, accruing or arising from any transaction (whether by way of becoming a member of, or acquiring shares in, a cooperative society, company or other association of persons or by way of any agreement or any arrangement of whatever nature), not being a transaction by way of sale, exchange or lease of such land, building or part of a building.' 66. ..... it can be so extended is not less than twelve years ; (ii) in relation to any immovable property of the nature referred to in sub-clause (ii) of clause (d), means the doing of anything (whether by way of admitting as a member of or by way of transfer of shares in a co-operative society or company or other association of persons or by way of any agreement or arrangement or in any other manner whatsoever) which has the effect of transferring or enabling the enjoyment of such property. ..... to carry on the management of the oriental gas co. ..... the writ petitioner had challenged the constitutional validity of the oriental gas co. ..... a contract can arise even though the promisee does or abstains from doing something for the benefit of a third party--in this case the company--and the assessee can treat that benefit to a third party as a good consideration to him. .....

N.J.Thomas and Others Vs. Indian Oil Corporation Ltd., Rep. by Its Gen ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

..... the 4th opposite party/oriental insurance company limited filed written version contending as follows:- the 4th opposite party has issued multi perils policy for lp gas dealers to the third respondent covering the period from ..... on the other hand, dw1, the licensed surveyor who was deputed by the 4th opposite party/insurance company has categorically deposed that at the time of his inspection the regulator and the rubber tune of the ..... the written version has categorically contended that there was failure on the part of the complainants and deceased rosey thomas to close the pressure regulator and the gas explosion occurred only because of the negligence on the part of the complainants and the deceased to close the knob of the pressure regulator. ..... is the authorized distributor of the first respondent company from whom complainants availed the domestic gas connection and other accessories including stove, regulator, tubes ..... inspection made by the opposite parties including the third opposite party/distributor and dealer of the lp gas they could have very well instructed the customer to replace the defective hot plate (gas stove) and the defective and worn out rubber tube provided for the lpg installation. 22. ..... history and alleged cause of injury is stated as follows:- while switching on fan near kitchen to expel leaked gas from stove, explosion took place and she got burned on 7.5.01 around 10.30 p.m at her house. ..... company engaged in manufacture and distribution of liquid petroleum gas. .....

Appropriate Authority Vs. Mass Traders Private Ltd.

Court : Karnataka

Reported in : (1993)111CTR(Kar)294; ILR1993KAR1018

..... the petitioner therein had an agreement under which he had the right to manage the oriental gas company for a period of 20 years and to receive remuneration for the same. ..... under section 4 of the west bengal oriental gas company act, 1960, the petitioner therein was deprived of that right for a ..... that when their fundamental rights as shareholders are impaired by state action, their rights as such are protected as the rights of shareholders are equally and necessarily affected if the rights of the company are affected and the rights of the shareholders with regard to article 19(1)(a) are projected and manifested by the newspapers owned and controlled by the shareholders through the medium of the corporation. ..... secondly, what the rule of natural justice required in the circumstances of this case, was not only that the company should have been given an opportunity to explain the evidence against it, but also an opportunity to be informed of the proposed action of take over and to represent ..... true position of a shareholder is that on buying shares, he becomes an investor entitled to participate in the profits of the company in which he holds the shares if and when the company declares, subject to the articles of association, that the profits or any portion thereof should be distributed by way of dividends ..... has not been demonstrated to us that the value of his share is in any way affected or the company has been put to a loss, to such an extent that the very value of the share is diminished .....