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Hardit Singh Giani Vs. Registrar of Companies, New Delhi

Court : Delhi

Reported in : AIR1969Delhi112; 4(1968)DLT6

..... efforts bore fruit at last and on 28-5-1966 the registrar of companies, filed an application in the court of the district judge delhi under sections 515(2) and 524(4) of the companies act, 1956, read with sections 213(2) and 224(3) of the indian companies act, 1913, praying for the removal of the appellant as liquidator of the company and for the appointment of the official liquidator attached to the high court as liquidator in his place. ..... company was incorporated on 23-2-1946 as a private company limited by shares under the indian companies act 1913, but was soon converted into a public company by a special resolution passed on ..... , no doubt, and very likely, for anything i know hi most cases, unfitness of the liquidator will be the general form which the cause will take upon which the court in this class of cases acts, but that is nto the definition of due cause shown. ..... in re: marseilles extension railway and land company (1867) 4 eq 692 held that it was nto necessary to take any evidence with regard to the allegations of misappropriation and misconduct on the part of the appellant because on a consideration of all the circumstances, it was advisable and in ..... while dealing with section 141 of the companies act 1862, in a case of voluntary winding up under the supervision of the court, posed the question what is the meaning of the words 'on due cause shown' and gave the following answer:'on one side it is ..... in (1867) 4 eq 692, the judgment relied upon by the learned district judge .....

Nawab Mirza Mohammad Kazim Ali Khan and Another Vs. Nawab Mirza Mohamm ...

Court : Privy Council

..... this allegation was disputed and the chief court did not act upon it as the learned judges considered that they were functi ..... this has been settled law in india since (1867) 7 wr 377, (7) a full bench decision of the high court at calcutta in sir barnes peacock's time which contains a careful exposition of the matter from an indian ..... property is protected by the provisions of the oudh laws act, 1876, and by rules made under s. ..... : except as otherwise provided by this act, no person entitled to a settled estate shall have power to transfer, dispose of, alienate, convey, charge, encumber or lease the same or any part thereof, or the profits thereof, for any greater or larger interest or time than ..... the single heir under act 1 of 1869 also takes subject to ..... ali made an application under s.3, oudh settled estates act, 1917; and on 21st december 1923, having obtained the necessary permission, he duly declared by deed that a certain portion of the taluqa was in future to be held subject to the provisions of the act. s. ..... 69 and 70, contract act are wide enough to cover the case, the root of the plaintiffs' claim is their right to a due administration of the estate of the ..... 8, oudh estates act (1 of 1869) in list 2 as an estate which according to the custom of the family ordinarily devolved upon a ..... a share in the nett estate after deduction of the debts of the deceased, the mahomedan law is in line with other laws including the hindu law and the second chapter of the indian succession act, 1925. .....

Nawab Mirza Mohammad Kazim Ali Khan and Nawab Fakhr Zahan Begam Vs. Na ...

Court : Mumbai

Reported in : (1938)40BOMLR843

..... of which he was possessed at his death comprised the taluqa of makanpur rahimabad, an estate which had been entered under section 8 of the oudh estates act (1 of 1869) in list ii as an estate which according to the custom of the family ordinarily devolved upon a single heir. ..... this allegation was disputed, and the chief court did not act upon it as the learned judges considered that they were ..... property is protected by the provisions of the oudh laws act, 1876, and by rules made under section 68, civil procedure ..... whether or not sections 69 and 70 of the indian contract act are wide enough to cover the case, the root of the plaintiffs' claim is their right to a due administration of the estate of ..... :-except as otherwise provided by this act, no person entitled to a settled estate shall have power to transfer, dispose of, alienate, convey, charge, encumber or lease the same or any part thereof, or the profits thereof, for any greater or larger interest or time ..... the single heir under act i of 1869 also takes ..... an application under section 3 of the oudh settled estates act, 1917, and on december 21, 1923, having obtained the necessary permission, he duly declared by deed that a certain portion of the taluqa was in future to be held subject to the provisions of the act. ..... paul chowdhry (1867) 7 ..... share in the nett estate after deduction of the debts of the deceased, the mahomedan law is in line with other laws including the hindu law and the second chapter of the indian succession act, 1925. .....

Kedar Nath and anr. Vs. Datta Prasad Singh and anr.

Court : Allahabad

Reported in : AIR1922All370; 69Ind.Cas.99

..... hon'ble sir raja deo narain singh (1867) n.w.p.h.c.r. 63 (f.b.). ..... abdur rahman (1867) n.w.p.h.c.r. 63 (f.b. .....

Mehta Teja Singh and Co. Vs. Fertilizer Corporation of India, Ltd. and ...

Court : Delhi

Reported in : AIR1968Delhi188; ILR1968Delhi75

..... award accepted by the parties be enforced was negatived by the court with the observation that there was no provision in the civil procedure code or the indian arbitration act to make a part of an award a rule of the court and that the award must be looked into as a whole for working out the rights of the ..... high court that the two papers originally filed in court were nto an award, which should be a single instrument complete in itself under section 320, act viii of 1859, and that the zillah judge was right in sending back the papers as he had done. ..... unless there is a either wrongful assumption of jurisdiction or wrongful refusal to exercise jurisdiction or unless the court below has acted in the exercise of jurisdiction illegally or with material irregularity, this court would be powerless and would nto be entitled to interfere ..... 'on the authority of this passage, we are unable to hold that in spite of section 16 of the act, expressly empowering the court to remit to the arbitrator or umpire for reconsideration of the award or any matter referred to arbitration, the legislature only intended the entire award to be remitted ..... (1) an appeal shall lie from the following orders passed under this act (and from no tohers) to the court authorised by law to hear appeals original decrees of the court passing the order: an order- (i) superseding an arbitration; (ii) on an award stated in the form of a special case; (iii) ..... 1867 ..... of the calcutta high court given on 24-4-1867 in mohun kishen v. .....

Agarjan Bibi Vs. Panaulla

Court : Kolkata

Reported in : (1910)ILR37Cal687

..... such is the custom of the country, and none but the tenures referred to in act i of 1845, or in cases where a bonus has been given, thereby creating in the raiyat a right of property to that extent, are considered tenures transferable by a raiyat. ..... ' in 1867 it was decided by a full bench that there was nothing in section 6 of act x of 1859 which showed that it was the intention of the legislature to alter the nature of a jote and to convert a non-transferable jote into a transfer able one, merely because a raiyat who held it for twelve years ..... sir richard couch, in reference to section 6 of act viii (b.c. ..... imam bandi begum (1867) 7 w.r. .....

Cumberland Glass Mfg. Co. Vs. De Witt and Co.

Court : US Supreme Court

..... the right to setoff, directed attention to the provisions of the bankrupt law on the subject, and to its command that only the balance should be paid, and the inherent relation which that requirement of the act created between the claims scheduled in the bankruptcy, on the the one hand, and proved, on the other, and the character which was affixed to them for the purpose of setoff even after a composition ..... creditors had agreed to accept the terms of the composition agreement, wherefore he prayed that the same be ratified by the court; that the glass company did not agree in writing, pursuant to the provisions of the bankruptcy act, or otherwise, to accept said settlement, but, as a majority in amount of said creditors did accept the same, it was ratified by the federal court, and there was allowed to the defendant the sum of $158.01 as a dividend ..... that the comprehensive provisions of 68a and b of the bankrupt law relating to setoffs and counterclaims are coincident with the scope of the act, and therefore give the power to the bankruptcy court to determine whether or not the right of setoff exists as between all and any claims required to be surrendered as assets of the estate, on the one ..... 610, in considering that section of the act of 1867, this court said: "this section was not intended to enlarge the doctrine of setoff or to enable a party to make a setoff in cases where the principles of legal or equitable setoff did not ..... taken almost literally from 20 of the act of 1867. .....

Emperor Vs. Ahmad Khan

Court : Allahabad

Reported in : (1912)ILR34All96

george knox and griffin, jj.1. we have carefully considered the description given of the game which both the courts below held to be not a game of mere skill. the learned counsel for the applicant who asks us to interfere with the view taken by these courts, has referred us to a calcutta ruling in criminal revision no. 771 of 1907 hari singh v. king-emperor. there is a material difference between the words used in section 10 of the bengal public gambling act and section 12 of act no. iii of 1867, which is the act which governs the case now before us. we are by no means sure that the game which the calcutta high court judges had under consideration was precisely the same as is described by the learned sessions judge of cawnpore. we are, of course, only concerned with the game described by the latter. from the description so given we find ourselves unable to interfere. we hold that the game described by the learned sessions judge of cawnpore is not a game of mere skill. the application is dismissed.

In Re: Mirza Ahamad Namazi

Court : Chennai

Reported in : AIR1924Mad703

..... the law thus:every surrender of shares, whether fully paid up or not, into ves a reduction of capital which is unlawful, execute when sanctioned by the court under the companies act of 1867 and 1877. ..... it was held that the liability of a past member is entirely created by the companies act, 1862, and it is immaterial whether his shares have been transferred or have been extinguished by ..... shares and one of the conditions of the memorandum being that a director should have 250 shares and he having acted as director cannot now be heard to say that he was owner of only 30 shares. ..... open to the share-holder to surrender at will his shares, especially when he has to meet future calls and it is not open to a company to accept a surrender of shares, unless the act of the company can be brought within the rules relating to forfeiture of shares. ..... apart, from rule 93 of the articles of association, the indian companies act makes it obligatory on a signatory to the memorandum of association to be responsible for the shares, which are shown as being his in the ..... were perfectly right in intimating to the 6th respondent that, inasmuch as he signed the memorandum of association and acted as director, he must be deemed to have the 250 shares allotted to him. ..... article 93 is in these terms:a first director may act before acquiring his qualification but shall in any case acquire the same within one month from his appointment; and unless he shall do so he shall be deemed to have agreed to take the said .....

Sarat Chandra Ghatak and ors. Vs. Corporation of Calcutta and anr.

Court : Kolkata

Reported in : AIR1959Cal36

..... be displayed to public view in any manner whatsoever, in any place, without a license from the commissioner.3 rule 1 of the said rules lays down that for every license granted under section 230 of the calcutta municipal act, 1951 a fee shall be charged at the rates specified in the schedule to the rules, or at such other rates as may, from time to time, be prescribed by the corporation in lieu thereof, by rules, ..... is by no means an unsubstantial one, may possibly be met by relying on the decision of the court in : [1951]2scr747 , but the second criticism cannot be so easily met, since an act which gives uncontrolled authority to discriminate cannot but be hit by article 14, and it will be no answer simply to say that the legislature having more or less the unlimited power to delegate has merely ..... king emperor, 6 cal wn 33 (i), was a case under section 11 of the gambling act ii of 1867, which laid down that a police officer may apprehend without warrant, any person found laying bets for money or other valuable things, with cards, dice or other instruments of gambling ..... construe section 11 of the bengal public gaming act 1867 which speaks of 'any public market, fair, ..... that there was a restricted right of entry and if there was, then it is necessary, to bring the premises within the definition of 'public place', in section 1 (4) of the act of 1906, that a notice prohibiting the betting should be conspicuously exhibited at or near the public entrance which was not done in this case.'16. .....