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Judgment Search Results Home > Cases Phrase: debentures companies act Year: 1914 Page 1 of about 4 results (0.034 seconds)

Feb 06 1914 (PC)

Bank of Scotland Vs. Liquidators of Hutchison, Main, and Co., Limited

Court : House of Lords

Decided on : Feb-06-1914

..... rights in security as the individual bankrupt is by his bankruptcy. this, indeed, is the necessary effect of the express provision of the companies act that the estate is to be distributed among the creditors pari passu. every creditor is to have an equal share, unless any one has ..... be perfectly clear on the construction of this letter, if it embodies the agreement of the parties, that hutchison, main, and company, in procuring this debenture, were acting on their own behalf, and not as agents for the bank of scotland. i do not think there is any ground whatever for ..... of them. if they are to be taken as expressing the transaction, they make it apparent that hutchison, main, and company procured the debenture in their own name and acting on their own behalf, and not as agents for anybody else. the agreement between them and frank a. johnson was ..... 1913. at that time they were ex facie the absolute beneficial owners of this debenture, and according to the case of heritable reversionary company v. millar, any beneficial property they had in it would, under the bankruptcy (scotland) act, 1856, on liquidation pass to, and become vested in, the liquidators. ..... that the latter should execute and deliver to the scotch company a debenture for a total sum of 17,000 to be held as security for all amounts which may from time to time be owing to the scotch company; and the debenture .....

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Oct 18 1914 (PC)

K. Balasubrahmania Iyer and Vs. S. Kandasami Pillai and anr.

Court : Chennai

Decided on : Oct-18-1914

Reported in : 32Ind.Cas.91

..... explanation to section 68 of the indian companies act, 1882, and that they did not amount to a fraudulent preference. the claimants then put in the petitions now under appeal for payment out of the assets of the amounts of their charges, when the debenture-holders of the company, whose rights as secured creditors had ..... 371; 56 l.j. ch. 873; 56 l.t. 782; 36 w.r. 17; 52 j.p. 179. at the time when the indian companies act of 1882 was being drafted and passed into law, the other view still prevailed and the legislature endeavoured to give effect to it as nearly as possible in ..... case prima facie within the terms of the statutory provision we think we ought to enforce the provisions of the section if they are applicable. the companies act of 1862, whilst providing penalties for failure to register mortgages and charges, did not provide that unregistered mortgages and charges should be void, but there ..... to its right to carry on business, and it is quite clear that no such charge can be created after the company has actually stopped business or after the debenture-holder has intervened under the powers reserved to him to stop the business by obtaining the appointment of a receiver or petitioning ..... 1897) a.c. 81; 66 l.j. ch. 102; 75 l.t. 553; 45 w.r. 353 and to determine the company's authority to carry on business automatically without any intervention of the debenture-holders. the courts, however, lean strongly against such a contention and joyce, j., has rejected it in edward nelson & co. v. .....

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May 04 1914 (FN)

United States Vs. Foster

Court : US Supreme Court

Decided on : May-04-1914

..... usual place of business at north brookfield, and william s. edwards and harry h. platt, both of new york, were officers of the sterling debenture company, a corporation having its place of business in new york, and they and foster, well knowing the premises, conspired to defraud the united states of ..... to the gross receipts, the amount of which not only determines the classes, but the compensation of the offices within classes. by 4 of the act (22 stat. 602), the postmaster general is required to readjust the salaries of the first, second, and third class at the beginning of each ..... determine the validity of the regulation. the case being one of statutory construction, a consideration of the statutes becomes necessary. it is provided by the act of march 3, 1883, that the "compensation of postmasters of the first, second and third classes shall be annual salaries, assigned in even hundreds ..... office -- and that it was immaterial how they were increased or for what purpose increased. the case was brought here under the criminal appeals act, its provision being that this court has jurisdiction on writ of error taken by the united states in criminal cases "from a decision sustaining ..... violation of regulations of the department in that respect, is sufficient. the facts, which involve the jurisdiction of this court under the criminal appeals act of 1907 and the construction of statutes regulating the pay of postmasters and the power of the postmaster general to make regulations in regard thereto, .....

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Dec 10 1914 (PC)

D. and J. Nicol Vs. Dundee Harbour Trustees

Court : House of Lords

Decided on : Dec-10-1914

..... of surplus land does not, any more than the possession of surplus plant, extend the ambit of the powers conferred on a company by statute, and that no company could on such land set up a business, or do any act, which the incorporating statutes had not sanctioned, either expressly or by implication. the case relied upon was foster v. london, chatham, ..... it necessary to say more than a few words. the law as to statutory corporations, whether created by a general statute which allows persons acting in accordance with the rules there laid down to procure incorporation for a company, or by a special statute providing by its own provisions for the special incorporation, was authoritatively settled by the case of ashbury railway ..... in attorney-general v. great eastern railway company , that whatever may fairly be regarded as incidental to or consequential upon the things authorised is not to ..... carriage company v. riche in this house. the appellants do not dispute that. they concede that a statutory corporation must show that its incorporating document authorises the acts it purposes to do; but they appeal to the dictum of the lord chancellor (lord selborne) .....

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