Court : Karnataka
Decided on : Jan-04-1968
Reported in : [1970]40CompCas1154(Kar)
Narayana Pai, J.1. This petition under section 398 of the companies Act, 1956, is by a member of a company called the Bangalore Race Club since re-named as bangalore Turf Club Ltd., and complains of a certain state of affairs said to be prejudicial to the interests of the company on the basis of the which the petitioner seeks an appropriate order under the said section. The respondent is the company itself. 2. Notice of the petition was directed to the central Government the company itself and individually to twelve members of the managing committee of the company. 3. The Central Government has filed a statement through one of its under secretaries to the effect that the company Law Board does not propose to made any representation in the matter. 4. The allegations in the petition are traversed by a common affidavit filed on behalf of the company and members of its governing body sworn to by an assistant secretary of the company. 5. Certain facts are not disputed. The Bangalore Turf Cl...
Tag this Judgment!Court : Karnataka
Decided on : Aug-30-1968
Reported in : AIR1969Kant280; AIR1969Mys280; [1970]40CompCas466b(Kar)
ORDER1. These are Companion Applications which raise questions as to the nature and extent of the rights and powers claimed by the Bank of Maharashtra Limited, the applicant in Company Application 143 of 1967, under or by virtue of certain deeds of mortgage of immovable properties and hypothecation of movables executed in its favour by the Company Yallamma Cotton, Woollen and Silk Mills Company Limited.2. There is little or no controversy about the facts and circumstances necessary for the determination of the points of law raised by the parties.3. The Company encountered considerable financial difficulties early in the year 1966. In the month of March 1966, it was obliged to lay off its labour force. By about September of that year, it had almost completely ceased working.4. Early in June 1967, a creditor of the Company presented to this Court Company Petition No. 4 of 1967 for compulsory winding up of the Company. After some adjournments granted at the request of the Company which wa...
Tag this Judgment!Court : Karnataka
Decided on : Nov-22-1968
Reported in : ILR1969KAR294; (1970)ILLJ169Kant; (1969)1MysLJ175
Somnath Ayyar, J. 1. The petitioner V. H. Kulkarni was at one stage an assistant station-master. When a selection was made to the post of a section controller, he was appointed to that post on 6 March, 1955 and confirmed in that post on 29 May 1955. The pay-scale applicable to that post was Rs. 250 - 380. After his confirmation, it transpired that Kulkarni by reason of his physical condition was not able to carry on the duties of a section controller and so, he was given an alternative post as an assistant station-master in the same pay-scale, namely, Rs. 250 - 380. This was done on 2 November, 1961. 2. On 10 June, 1965, he was promoted as a station-master in the pay-scale of Rs. 355 - 425. From the chronology of events which we have stated, it is clear that even when the alternative appointment of an assistant station-master was made available to Kulkarni in place of the post of section controller, the two posts were regarded as equivalent posts especially since the pay-scale with res...
Tag this Judgment!