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Judgment Search Results Home > Cases Phrase: debentures companies act Year: 1929 Page 1 of about 6 results (0.081 seconds)

Mar 26 1929 (PC)

imperial Bank of India Ltd. Vs. Bengal National Bank Ltd.

Court : Kolkata

Decided on : Mar-26-1929

Reported in : AIR1930Cal536

..... the properties of the defendant bank consists of immovable property, that will not have been affected by operation of the two debentures.4. so far as the other point in connexion with the registration is concerned, that is, registration under the companies act 1913, that has no substance at all, in my opinion, as it is clear that the plaintiffs did in ..... 3. two further points were also taken on behalf of the defendants, viz., that the debentures had not been properly registered as required by the provisions of the companies act of 1913, and also that, as the debentures were not registered in accordance with the requirements of the registration act, section 17, in so far as they related to immovable property, they are unenforcible. ..... , and, by the terms of section 114, companies act that certificate is conclusive, therefore it must be taken that ail necessary formalities in regard ..... fact register the debentures at the proper time with the registrar of companies, and they received from him the proper certificate showing that such registration had taken place .....

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Dec 13 1929 (PC)

Asharfi Lal Vs. the Judges of the High Court of Judicature

Court : Mumbai

Decided on : Dec-13-1929

Reported in : (1930)32BOMLR556

..... whether he could properly appear for the plaintiffs in the debenture suit. this petition was forwarded to the high court by the district judge, and on may 31, 1927, the high court told the district judge that the appellant must decide this matter for himself.26. on may 26, 1927, the company, acting through ganesh sinha, petitioned the district judge under the legal ..... 17, 1927, ganesh sinha wrote to the appellant, protesting against the appellant's action and pointing out in effect that the appellant had, while acting for the company, received information which would necessarily embarrass him if he acted for the debenture holders. the appellant's answer on may 21, 1927, was a long and violent letter, in the course of which he said,please ..... opinion, of little importance. in their lordships opinion, the appellant at this time or shortly afterwards made up hit mind that in the debenture-holders' suit, which was there being threatened, he would act for the plaintiffs against the company. at the same time, their lordships are satisfied (and ii this respect they differ from the high court) that the appellant never intended ..... messrs, john bros, in respect of their debentures in the company.13. on may 20, 1926, messrs. john bros, and other shareholders of the company filed a suit in the court of the subordinate judge at agra against the company and a number of firms, companies and individuals who had acted or were acting as managing agents of the company or as directors or agents of such .....

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Dec 13 1929 (PC)

A Pleader of Agra Vs. Judges of the High Court of Judicature, Allahaba ...

Court : Privy Council

Decided on : Dec-13-1929

..... to whether he could properly appear for the plaintiffs in the debenture suit. this petition was forwarded to the high court by the district judge and on 3lst may 1927, the high court told the district judge that the appellant must decide this matter for himself. on 26th may 1927, the company, acting through ganesh sinha, petitioned the district judge under the legal ..... may 1927, ganesh sinha wrote to the appellant, protesting against the appellant's action and pointing out in effect that the appellant had while acting for the company, received information which would necessarily embarrass him if he acted for the debenture-holders. the appellant's answer on 21st may 1927 was a long and violent letter in the course of which he said: " please ..... opinion, of little importance. in their lordships' opinion the appellant at this time or shortly afterwards made up his mind that in the debenture-holders suit which was then being threatened, he would act for the plaintiffs against the company. at the same time their lordships are satisfied (and in this respect they differ from the high court) that the appellant never intended ..... messrs. john bros, in respect of their debentures in the company. on 20th may 1926 messrs. john bros. and other shareholders of the company filed a suit in the court of the subordinate judge at agra against the company and a number of firms, companies and individuals who had acted or were acting as managing agents of the company or as directors or agents of such managing .....

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Jun 04 1929 (PC)

Mafatlal Gagalbhai Vs. Jivanlal Girdhardas

Court : Mumbai

Decided on : Jun-04-1929

Reported in : (1929)31BOMLR1369

..... the city of ahmedabad, give in writing this agreement that-i have taken over the working of the mills of the ahmedabad new spinning & . from the trustees of the debenture-holders of the company, messrs jayanarayan hindumallani and ambalal harivallabhdas, on a lease or bhada khata, dated november 21, 1924.moreover, i have executed a document in favour of the said trustees ..... conditions, in all my rights and liabilities under the said lease. our said partnership is to be under the name of sheth mafatlal gagalbhai and company.(1) i have purchased for rs. 1,41,000 the debentures of the said mill held by the merchants' bank of the face value of rs. 1,25,000, with all the rights to interest, etc ..... of the profits which the respondents and others had made by working the properties of the ahmedabad new spinning and manufacturing company (which will be referred to hereafter as the old company) under a lease from the holders of debentures in that company, and for payment by the respondents of that share of those profits when ascertained;(b) for a declaration of his right ..... tender was submitted to the liquidator by the respondent jivanlal, acting for himself and the respondent mangaldas, it was in effect an offer to buy the properties of the old company for rs. 7,25,000, of which rs. 5,50,000 were to be applied in satisfying the claims of the debenture-holders.21. on march 29, 1915, the tender of the .....

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Nov 22 1929 (PC)

Probodh Chandra Mitra Vs. Road Oils (India) Ltd. and ors.

Court : Kolkata

Decided on : Nov-22-1929

Reported in : AIR1930Cal782

..... place of the old banians.14. in this court mr. s.c. bose asked leave to raise a contention that the document was not registered as required by section 109, companies act. no such case was made at the trial. if notice had been given of it, it might well have been possible for the plaintiff to get relief on some terms ..... occurred in the attempt to effect it. it is pointed out in that case that the agreement is implied by the irregular document of charge and by the invalidly sealed debentures. in the case before us the attempt to get this document properly sealed has been abandoned or has failed, but there is no reason why the document should be cast ..... could not as such be cured by ratification, the defect was apparent to anyone reading the articles; but there being no provision requiring the debentures to be sealed at all the documents were held to be valid debentures although unsealed.13. in this case, it would seem that mr. thomas in putting the rubber stamp and signing his own name was abandoning ..... as an agreement in writing made by mr. thomas on behalf of the company. the learned judge in the fireproof case pointed out that the principle of this matter was that the unsealed debentures would amount to an agreement or sufficient evidence of agreement for the issue of the debentures. in this case it appears to me that the instrument of 18th april .....

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Aug 26 1929 (PC)

In Re: Kharkharee Collieries Ltd.

Court : Kolkata

Decided on : Aug-26-1929

Reported in : AIR1932Cal76

..... in the case to which i shall refer later. the subsection is one which is not, as are very many of the sections of the companies act, taken from the companies consolidation act, 1908, and therefore 'english authorities in which it has been interpreted are not 'available. it is however very definite 'and clear, and ..... the order was made, as it is now in his possession. how, in those circumstances, having regard to the provisions of section 175 (6), companies act, the receiver came to be appointed is not clear. i do not know however that the application requires that i should construe that section, but if ..... from which it appears that where there is a question of competition between a liquidator and a receiver appointed by the court at the instance of the debenture-holders or mortgagees, the court will ordinarily, in the exercise of its discretion, give preference to the liquidator.7. in my judgment, the application ..... 10th june.2. the winding-up order having been made, section 171 would apply and no suit or other proceeding may be proceeded with against the company, except by the leave of the court.3. as regards proceeding with the suit, no objection has 'been made. the petitioners are secured creditors, ..... by certain secured creditors, who have filed a suit in the court of the subordinate judge at dhanbad on their mortgage of the properties of the company, for leave to proceed with the suit and for an order that the official liquidator do make over to the receiver appointed in that suit, the .....

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