Court : Supreme Court of India
Reported in : 1996IIIAD(SC)428; AIR1996SC1627; JT1996(3)SC679; (1997)1MLJ82(SC); 1995(4)SCALE762; (1996)3SCC709; [1996]3SCR721
..... 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. ..... 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 ..... 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 ..... 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 ..... the british north america act, 1867, which established a federal constitution for canada, enumerated in sections 91 and 92 the topics on which the dominion .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal762
..... ed 796 in which dealing with the effect of russian decrees and enactments of 1918 and 1919 which nationalised the business of insurance and all the property wherever situated of all russian insurance companies, on an insurance company known as the first russian insurance company which had been organised under the laws of the former empire of russia but which had a branch in new york and whose assets were being liquidated by the superintendent of insurance in new ..... by an order made on 4-3-1869 in the winding up, the scinde company was ordered to withdraw the attachment, without prejudice to any question; and upon the scinde company undertaking to abide by any order of the court, the official liquidator was ordered out of the proceeds of the safe of property in india belonging to the oriental company to pay the scinde company the amount of principal, interest and costs then due to them. ..... in this case one scinde railway company and one oriental inland steam company which were english companies and had their principal offices in england, carried on business in india. ..... on 8-11-1867 an order to wind up the oriental company was made in england and on 12-3-1868 the scinde company came in under the winding up and proved their debt. ..... on 23-5-1867 the scinde company obtained in india a judgment against the oriental company for rs. ..... thereafter on 28-1-1869 the scinde company, proceeding under their judgment attached certain property in india belonging to the oriental company. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad753
..... on 8th november 1867, the company was ordered to be wound up in london and on 23rd may 1867 before the order of winding up, the seinde company which carried also business in england obtained judgment against the oriental inland steam company for a large sum of money and after the order of winding up they proved their debt in liquidation on 12th march ..... 55 though the decisions in these cases related to foreign assets and judgments were obtained against a company or insolvent without the official liquidator or trustee in bankruptcy being a party, still the principle underlying those cases is one of general application, namely, that if one cestui qua-trust gets possession of the trust property ..... the oriental inland steam company, was a company which had its chief office in london and carried on business in ..... the course of the judgment made the following observations:the english act of parliament has enacted that in the case of a winding up the assets of the company so wound up are to be collected and applied in discharge of its liabilities. ..... no doubt the decision related to foreign assets of a company but the principle was equally applied in the case of foreign ..... the question was whether the seinde company was entitled to appropriate it in satisfaction of their ..... on 28th january 1869 the soinde company in execution of their judgment attached certain property in india and realised a considerable sum of ..... power to refund is based on the principle laid; down in oriental indland steam co. ex. .....
Tag this Judgment!Court : Chennai
Reported in : (1913)24MLJ517
..... i may refer to the cases of oriental government life assurance company ltd. v. ..... 279 oriental government assurance co. v. ..... mussamat zuharennissu khartum (1867) 8 w.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom186; (1960)62BOMLR995
..... alleged to have been suffered by him on account of a collision at a distance of about 10 miles from worli sea shore between the defendant company's said cargo boat 'jalmanjari' and the plaintiff's country craft 'pandavi', alleged to have occurred due to the negligence of the defendant company, its servants and agents on the said boat resulting in the breaking in two parts and sinking of the plaintiffs country craft.3. ..... the three appeals, that the cause of action in all the three suits was the damage alleged to have been caused by the defendant company's cargo boat in a collision at sea and that, therefore, all those three suits were cognizable only by the high court as a court of admiralty or vice admiralty or as a colonial court of admiralty ..... of that passage quoted from marsden's 'collisions at sea' that the present suit having even filed in respect of the damage caused by the defendant company's cargo boat on the high seas could be entertained on the ordinary original side of the high court of bombay. ..... the indian high courts act, 1861, abolished the supreme courts at calcutta, madras and bombay and the company's courts of appeal at those places and provided for the establishment by charter of high courts at those ..... of which the present appeals have arisen, inasmuch as all these claims are based upon the injuries suffered by the plaintiffs on account of the collision between the defendant company's cargo boat 'jalmanjari' and the country craft 'pandavi' on the high seas. ..... oriental .....
Tag this Judgment!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 ..... . 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 ..... . 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 .....
Tag this Judgment!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 ( .....
Tag this Judgment!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, 1948. ..... 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 its services. ..... and 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. ..... 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. ..... 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, 1862. ..... finding of 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. .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
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