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Amalgamation - Definition - Law Dictionary Home Dictionary Definition amalgamation

Definition :

Amalgamation, in amalgamation two or more companies are fused into one by merger or by taking over by another. Reconstruction or 'amalgamation' has no precise legal meaning. The amalgamation is a blending of two or more existing undertakings into one undertaking, the share-holders of each blending company become substantially the shareholders in the company which is to carry on the blended undertakings. There may be amalgamation either by the transfer of two or more undertakings to a new company, or by the transfer of one or more undertakings to an existing company. Strictly 'amalgamation' does not cover the mere acquisition by a company of the share capital of other company which remains in existence and continues its undertaking but the context in which the term is used may show that it is intended to include such an acquisition, Saraswati Industrial Syndicate Ltd. v. C.I.T., 1990 Supp SCC 675 (679).

Amalgamation, in an amalgamation two or more companies are fused into one by merger or by one taking over the other. It has no precise legal meanings, Singer India Ltd. v. Chander Mohan Chandha, (2004) 7 SCC 1, [Halsbury' Laws of England, 4th Edn., Vol. 7, para 1539]

Amalgamation is a blending of two or more existing undertakings into one undertaking, the shareholders of each blending company becoming substantially the shareholders in the company which is to carry on the blended undertakings. There may be amalgamation either by the transfer or two or more undertakings to a new company, or by the transfer of one or more undertakings to an existing company. Strictly amalgamation does not, it seems, cover the mere acquisition by a company of the share capital of other companies which remain in existence and continue their undertakings, but the context to which the term is used may show that it is intended to include such an acquisition, Halsbury's Laws of England, 4th Edn., Vol. 7, Para 1539. See also Saraswathi Industrial Syndicate Ltd. v. CIT, (1990) Supp SCC 675: AIR 1991 SC 70.

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