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Judgment Search Results Home > Cases Phrase: corporate personality companies act Page 1 of about 44,607 results (0.200 seconds)

Mar 25 2015 (HC)

Gotan Lime Stone Khanij Udyog P. Ltd Vs. State and Ors

Court : Rajasthan - Jodhpur

..... it had been subscribed by the government of india, it could not be predicated that the appellant itself was owned by the government of india. companies, it was said, which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the government of india. the lands and the buildings in question in that matter were vested in and ..... pertinent to elaborate upon the concept of a subsidiary company and the principle of lifting the corporate veil.67. the companies act in india and all over the world have statutorily recognized subsidiary company as a separate legal entity. section 2(47) of the companies act, 1956 (for short the 1956 act .) defines subsidiary company . or subsidiary ., to mean a subsidiary company within the meaning of section 4 of the ..... their relationship and, to hold parent company liable.70. the doctrine of piercing the corporate veil . stands as an exception to the principle that a company is a legal entity separate and distinct from its shareholders with its own legal rights and obligations. it seeks to disregard the separate personality of the company and attribute the acts of the company to those who are allegedly in direct .....

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Jun 21 2004 (HC)

Tenughat Vidyut Nigam Ltd. Vs. Union of India (Uoi) and ors.

Court : Patna

..... this contention is that even though the entire share capital of the appellant companies has been subscribed by the government of india it cannot be predicated that the companies themselves are owned by the government of india. the companies which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the government of india. the ..... lands and buildings are vested in and owned by the companies, the government of india only owns the share capital ..... india : [1970]3scr530 in which it has been observed as follows :--'a company registered under the companies act is a legal person, separate and distinct from its individual members. property of the company is not the property of the shareholders. a shareholder has merely an interest in the company arising under its articles of association, measured by a sum of money for ..... of bihar before its re-organisation?petitioner-tvnl, represented by its counsel mr. jha, contends that it is a company registered under the companies act and hence a separate legal entity, whereas the answering respondents submit that the moment its corporate veil is lifted, it would be crystal clear that it is an instrumentality of the state of bihar.21. .....

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Apr 21 1998 (HC)

Kenya Airways, a Company Registered Under Law Regulating Companies in ...

Court : Mumbai

Reported in : AIR1998Bom287; 1998(3)ALLMR282; 1998(3)BomCR562; [1999]96CompCas140(Bom); 1998(2)MhLj668

..... the context, the court observed, as under : 'even though the entire share capital of the companies has been subscribed by the government of india, it cannot be predicated that the companies themselves are owned by the government of india. the companies, which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the government of india. the lands and buildings ..... are vested in and owned by the companies, the government of india only owns the share capital. ... ...'the aforesaid ..... companies were accordingly found liable to pay property tax on the ground that .....

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Mar 25 1998 (HC)

Cotton Corporation of India Limited,bangalore Vs. G.C. Odusumath and O ...

Court : Karnataka

Reported in : ILR1998KAR2553; 1998(6)KarLJ181; (1999)ILLJ19Kant

..... this contention is that even though the entire share capital of the appellant-companies has been subscribed by the government of india, it cannot be predicated that the companies themselves are owned by the government of india. the companies which are incorporated under the companies act have a corporate personality of their own, distinct from that of government of india. the lands ..... and buildings arevested in and owned by the companies, the government of india only owns share capital'.35. ..... . such authority is conferred, on it by the articles of the corporation and the exercise thereof is entirely subject thereto and to the relevant provisions of the companies act. the corporation carries on its said business i.e., industry, in its own right as a distinct legal person independently of the central government. the trade in which it is engaged ..... court in the case of heavy engineering mazdoor union, supra, (for short 'heavy engineering case'). in that case the heavy engineering corporation limited, ranchi was a company incorporated under the companies act. it was a government company. its entire share capital was contributed by the central government in that its shares were held by the president of india and certain .....

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Mar 27 1995 (HC)

Central Warehousing Corporation Vs. Municipal Corporation and anr.

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ73

..... anr., air 1982 sc 697, held that even though the entire share capital of the companies has been subscribed by the govt. of india, it cannot be predicated that the companies themselves are owned by the govt. of india. the companies which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the govt. of india. the lands and buildings ..... are vested in and owned by the companies, the government of india only owns the share capital. the same ..... approach has to be adopted in case of the statutory corporation like the petitioner.6. the .....

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Nov 26 1981 (SC)

Western Coalfields Limited Vs. Special Area Development Authority, Kor ...

Court : Supreme Court of India

Reported in : AIR1982SC697; (1982)2CompLJ793(SC); 1981(3)SCALE1775; (1982)1SCC125; [1982]2SCR1

..... answer to this contention is that even though the entire share capital of the appellant companies has been subscribed by the government of india, it cannot be predicated that the companies themselves are owned by the government of india. the companies, which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the government of india. the lands and buildings ..... are vested in and owned by the companies: the government of india only owns the share capital. in rustom ..... defend crime', in which case, 'the law will regard the corporation as an association of persons'. in cases such as those before us, there is no scope for applying the doctrine of lifting the veil in order to have regard to the realities of the situation. the appellant companies were incorporated under the companies act for a lawful purpose. their property is their own and .....

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Nov 19 1996 (HC)

State of Rajasthan and anr. Vs. Rajasthan State Hotel Corporation and ...

Court : Rajasthan

Reported in : 1997(1)WLC535; 1996(2)WLN427

..... . : [1982]2scr1 it has been held that:even though the entire share capital of the companies has been subscribed by the government of india, it cannot be predicated that the companies themselves are owned by the government of india. the companies, which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the government of india. the lands and buildings ..... are vested in and owned by the companies, the government of india only owns the share capital.14. in ..... state but it is having an independent entity as a corporation. the corporation is incorporated under the companies act and its constitution, powers and functions are provided for and regulated by its own act. it has a separate existence and the law recognises it as a juristic person separate and distinct from the state. since the corporation has a separate entity than the state and its business .....

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Jan 08 2013 (HC)

Qatar Airways Vs. Shapoorji Pallonji and Co.

Court : Mumbai

..... was reiterated in a subsequent judgment of the supreme court in western coalfields ltd. vs. special area development authority, korba and ors. (air 1982 sc 697)thus: ??the companies, which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the government of india. the lands and buildings are vested in and owned by the ..... companies: the government of india only owns the share capital. in rustom cavasjee cooper v. union of india : [1970]3scr530, 555 : (air 1970 sc 56 at p. 584) (the ..... banks nationalisation case) it was held: ??a company registered under the companies act ..... is a legal person, separate and distinct from its individual members. property of the company is not the property of the shareholders. a shareholder has merely an interest in the company arising under its articles of association, measured by a sum of money for the purpose .....

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Feb 08 2013 (HC)

Jagannath S/O Anna Khakare and Others Vs. the State of Maharashtra, Th ...

Court : Mumbai Aurangabad

..... this contention is that even though the entire share capital of the appellant-companies has been subscribed by the government of india, it cannot be predicted that the companies themselves are owned by the government of india. the companies which are incorporated under the companies act have a corporate personality of their own, distinct from that of government of india. the ..... a judgment in the matter of a.l.kalravs. the project and equipment corporation of india ltd.,reported in air 1984 sc 1361. while controverting the contentions raised by petitioners, it has been contended that respondent-company is incorporated under the companies act and has a corporate personality of its own and distinct from the government. it is contended that ..... lands and buildings are vested in and owned by the companies, the government of india only owns share capital. ? ..... unless policy of the government is adopted by the company, it does not bind them. it is contended that the company can formulate its regulations prescribing qualifications and age .....

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Jul 02 2008 (HC)

Tenughat Vidyut Nigam Ltd. Vs. the Union of India (Uoi) and ors.

Court : Patna

..... taxation on account of an agreement. in paragraph-20 of the judgment the apex court held that the companies which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the government and their land and building are owned by the companies, government can only own the share capital. the apex court relied upon the judgment in the case ..... central government to issue directions in respect of certain companies even contrary to provisions of the companies act or in any other law but no such provision is to be found in section 41 or 47 of the act. ordinarily, a company is entitled to hold its property as a juristic person and only as an exception the corporate veil is permitted to be removed for the ..... re-organization but it is a company incorporated under the companies act and hence for other purposes it will not be proper and legal to deprive the company tvnl of its corporate character and its properties and this cannot be done by resorting to the principle of lifting of veil which is generally permitted to find out a person behind company in order to defeat evils like ..... of rustom cavasjee cooper v. union of india : [1970]3scr530 in which also it was clearly held that the company is a .....

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