Court : Allahabad
Decided on : Aug-06-1941
Reported in : AIR1941All367
Iqbal Ahmad, C.J.1. This is an application for leave to appeal to His Majesty in Council against an order of this Court dated 5th May 1941, rejecting an application dated 21st January 1941. The application just mentioned was filed by L. Manmohan Das and purported to be under Section 151, and Order 47, Civil P.C., and under Section 202, Companies Act, and the prayers contained in the application were as follows: 1. That this Courtbe pleased to direct the U.P. Government to carry out the undertaking given by it in regard to the continuance of electric license and the purchase of the undertaking of the Lower Ganges and Jumna Electricity Distributing Company Ltd. (in liquidation) or alternatively to give the directors and the trustees for the debenture-holders an opportunity to oppose the application for winding up by setting aside the order for winding up passed by this Court on 19th March 1937 and 7th April 1937.2. That this Courtbe further pleased to restrain the Official Liquidators of...
Tag this Judgment!Court : Allahabad
Decided on : Aug-22-1941
Reported in : AIR1941All345
Iqbal Ahmad, C.J.1. The question referred for decision to this Full Bench is 'whether a 'charge' is or is not a 'transfer' within the meaning of Clause (2) of Section 9, Electricity Act (9 of 1910).' By that Act 'licensee' is defined as meaning 'any person licensed under part 2 to supply energy,' and it is provided by Clouse (2) of Section 9 that:The licensee shall not at any time assign his license or transfer his undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the Provincial Government.2. The penalty for violation of the mandatory provisions of Clouse (2) of Section 9 is prescribed by Clouse (3) of the same section in the following words:Any agreement relating to any transaction of the nature described in.... Sub-section (2), unless made with, or subject to, such consent as aforesaid, shall be void.3. The question whether the creation of a charge as distinguished from a mortgage, over the undertaking amounts...
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