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Judgment Search Results Home > Cases Phrase: incorporation companies act Page 1 of about 41,262 results (0.064 seconds)

Feb 07 2014 (HC)

The Organizer, Dehri C.D. and C.M. Union Limited Fazalganj, Sasaram, D ...

Court : Patna

..... though high court held that the writ petition was not maintainable still granted some relief. it was urged before the apex court that the corporation was a company incorporated under the provision of the indian companies act. 56% of the share holding was of union of india and 32% was that of government of andhra pradesh. only 12% was of public. the ..... apex court held that the company was a non-statutory body exercising no public functions though merely incorporated under the provisions of the companies act. thus, a distinction was drawn between a company, which was created by a statute being a statutory company or corporation or body corporate and a company incorporated under the companies act, the latter, incorporation under companies act, being statutory necessity for all body corporates ..... is what their lordships said in paragraph 12 of the reports air as follows :- 12. the indisputable fact that the appellant-company is a government company as envisaged in s. 617 attracting s. 619 of the companies act, that more than 97% of the share capital has been contributed by the state government and the financial institutions controlled and belonging ..... the public authority appointed under section 41(1), 41(2), 41(3) or 41(5) of the act also does not answer the features of a corporation sole. 16. a corporation sole is a legal entity consisting of single incorporated office occupied by a single authority which is unlike corporation aggregate - which consists of board of directors to .....

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Feb 18 1998 (HC)

Titus Daniel and ors. Vs. South Indian Parenterals Pvt. Ltd. and ors.

Court : Kerala

Reported in : AIR1998Ker205; [2000]101CompCas117(Ker)

..... and 46a of the state financial corporations act, 1951 were in force and therefore, the subsequent enactment will prevail upon the earlier enactment. hence the contention ..... respondent that the provisions of s.f.c. act being a special statute will prevail upon the provisions of the companies act which is a general statute is also not sustainable in view of the fact that the provisions of sections 529, 529a and 537 of the companies act are incorporated into the companies act, 1913 by the amending act of 1956 while the provisions of section 29 ..... of the 4th respondent that they are entitled to put up the mortgaged property of the company for sale by ..... has to be exercised consistently with the rights of a pari passu chargeholder in whose favour a statutory charge is created by the proviso to section 529 of the companies act when the company is in liquidation. therefore, such a power can be exercised only with the concurrence of the official liquidator and the official liquidator is required to take the .....

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Apr 16 2002 (SC)

Pradeep Kumar Biswas and ors. Vs. Indian Institute of Chemical Biology ...

Court : Supreme Court of India

Reported in : 2002(50)BLJR1197; JT2002(4)SC146; 2002(3)SCALE638; (2002)5SCC111; [2002]3SCR100; (2002)2UPLBEC1798

..... conclusion reached in sabhajit tewary was erroneous. if the decision of sabhajit tewary had sought to lay down as a legal principle that a societyregistered under the societies act or a company incorporated under the companies act is, by that reason alone, excluded from the concept of state unde article 12, it is a principle which has long since been discredited. 'judges have madeworthy, ..... law. it is not at all material that some of the powers conferred may be for the purpose of carrying on commercial activities'. 13. it followed that since a company incorporated under the companies act is not formed statutorily and is not subject to any statutory duty via a vis an individual, it was excluded from the preview of 'state' in praga tools corporation ..... referable to article 12 of the constitution. the question was whether a prayer seeking issuance of a mandamus or an order in the nature of mandamus could lie against a company incorporated under the companies act wherein the central and the state governments held respectively 56 and 32 per cent shares. the two judge bench of this court held that the ..... sequitur is that it really does not matter what guise the state adopts for this purpose, whether by a corporation established by statute or incorporated under a law such as the companies act or formed under the societies registration act, 1860. neither the form of the corporation, nor its ostensible autonomy would take away from its character as 'state' and its constitutional accountability .....

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Aug 20 2008 (SC)

Smt. Leelabai Gajanan Pansare and ors. Vs. the Oriental Insurance Co. ...

Court : Supreme Court of India

Reported in : 2009(4)BomCR774; JT2008(9)SC551; 2008(11)SCALE391; (2008)9SCC720; 2008(2)LC1155(SC); 2008(6)Supreme89

..... constitution. in this regard, it may be noted that in the insurance industry, we have lic, banks, private sector companies and government companies. to say that lic being a statutory corporation stands excluded from the provisions of the rent act whereas government companies incorporated under the companies act, 1956 would continue to get protection would lead to arbitrary discrimination under article 14 to the constitution. in the ..... 'any public sector undertakings'. therefore, according to the learned counsel, section 3(1)(b) of the said rent act applies to psus and statutory corporations 'established by or under any central or state act.' therefore, according to the learned counsel, a government company incorporated under the companies act would fall outside section 3(1)(b) and thus would be entitled to the protection of the rent ..... submitted that lic is a statutory corporation whereas gic is not. according to the learned counsel, gic is a government company. therefore, according to the learned counsel, the legislative scheme has maintained a distinction between statutory corporation and a government company incorporated under the companies act. according to the learned counsel, this distinction cannot be said to be a distinction without any difference. therefore, it .....

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Nov 16 2010 (HC)

Sudarshan Gochhayat. Vs. State of OrissA.

Court : Orissa

..... that sections 4, 5 and 6 of the l.a. act provide that the government can acquire land for any public purpose or for a company and such company would mean as per definition contained in the companies act, 1956 (hereinafter called the act, 1956) a company incorporated under the companies act, a society registered under the societies registration act or a co-operative society. law department further opined that the ..... file does not indicate that vedanta foundation is a company, or a society under the societies registration ..... , by subscribing their names to a memorandum of association and otherwise complying with the requirements of this act in respect of registration, form an incorporated company, with or without limited liability. section 27 speaks of regulations required in case of unlimited company, company limited by guarantee or private company limited by shares. sub-section (2) of the aforesaid provision provides that in the case of a .....

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Nov 16 2010 (HC)

Jayaram SwaIn and ors.Vs. State of OrissA.

Court : Orissa

..... that sections 4, 5 and 6 of the l.a. act provide that the government can acquire land for any public purpose or for a company and such company would mean as per definition contained in the companies act, 1956 (hereinafter called the act, 1956) a company incorporated under the companies act, a society registered under the societies registration act or a co-operative society. law department further opined that the ..... file does not indicate that vedanta foundation is a company, or a society under the societies registration ..... , by subscribing their names to a memorandum of association and otherwise complying with the requirements of this act in respect of registration, form an incorporated company, with or without limited liability. section 27 speaks of regulations required in case of unlimited company, company limited by guarantee or private company limited by shares. sub-section (2) of the aforesaid provision provides that in the case of a .....

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Aug 10 2001 (HC)

Samarasa Mutual Benefit Fund Ltd., Madras and Etc. Vs. State of Tamil ...

Court : Chennai

Reported in : AIR2002Mad271

..... . section 21-a, on the other hand, not only empowers the government to exempt any of the provisions of the act to those companies incorporated under the companies act before 1-11-1944, but also to direct that any such provision shall apply to such company with such modifications as may be specified either by general or special order. 10.2. once the relevant dates of ..... sought to be achieved thereunder also fails, as section 21-a of the act, not only empowers the government to exempt any of the provisions of the act to those companies incorporated under the companies act before 1-11-1944, but also to direct that any such provision shall apply to such companies with such modifications as may be specified either by general or special order. 11 ..... . it is also brought to my notice that section 21-a of the act not only enables the government either to exempt such companies which are incorporated before 1-11-1944, but also enables the government to apply the provisions of the act to such companies that were registered under the indian companies act before 1-11-1994, with such modification as may be specified in the ..... before 1st nov. 1944 -- the state government may, by general or special order, exempt any company incorporated under the indian companies act, 1913, before the 1st day of nov. 1944 from any of the provisions of this act or direct that any such provision shall apply to such company with such modifications as may be specified in the order. 6. section 21-a empowers the state .....

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Mar 18 2013 (HC)

The Consulate General of Iran Vs. M/S. Baldota Brothers

Court : Mumbai

..... this regard, it may be noted that in the insurance industry, we have lic, banks, private sector companies and government companies. to say that lic being a statutory corporation stands excluded from the provisions of the rent act whereas government companies incorporated under the companies act, 1956 would continue to get protection would lead to arbitrary discrimination under article 14 to the constitution. in ..... uic and bpcl are public undertakings, however, they are government companies incorporated under section 617 of the 1956 act and, therefore, stand excluded from section 3(1) (b). in this connection it may be stated that high court has relied upon the definition of government company under section 617 of the companies act. in the case of union of india and others v ..... that to accept the contention of the respondents, namely, that only psus which are established by or under the central or state acts will not get protection whereas psus which are government companies incorporated under the 1956 act would continue to get protection would make the section 3(1)(b) vulnerable to challenge as violative of article 14 of the ..... to the respondents, only those psus which are established by or under any central or state act alone stand excluded from the protection of the rent act. according to the respondents, psus which are government companies incorporated under section 617 of the 1956 act are entitled to the protection as they are not expressly excluded under section 3(1)(b). we .....

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Apr 09 2012 (HC)

Ambati Ramaiah and Others Vs. the Government of Andhra Pradesh Represe ...

Court : Andhra Pradesh

..... in pradeep kumar biswas v. indian institute of chemical biology (3 supra), the majority specifically overruled as a legal principle that a society registered under the societies registration act or a company incorporated under the companies act is by that reason alone excluded from the concept of state under article 12 of the constitution of india. examining the status of the state council of education ..... for cricket in india falls within the definition of state as contemplated under article 12 of the constitution. the supreme court noted that the intention of the constitution framers in incorporating article 12 was to treat such authority which has been created by law and which has got certain powers to make laws, to make rules and regulations to be included ..... 12. the judicial expansion of the term other authorities was noted to have come about primarily with a view to prevent the government from bypassing its constitutional obligations by creating companies, corporations, etc., to perform its duties. referring to the guidelines laid down in pradeep kumar biswas v. indian institute of chemical biology (2002) 5 scc 111, the apex court ..... respect of any matter relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of the arbitration and conciliation act, 1996 (central act 26 of 1996) or may file an application in the district court concerned and the said court shall after necessary inquiry pass such order as it may deem .....

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Apr 12 2007 (HC)

In Re: Wellman Incandescent India Ltd. (In Liquidation)

Court : Kolkata

Reported in : [2008]145CompCas228(Cal)

..... section 2(b) of the said act, the greater emphasis is as to the manner of control of such body. there is no suggestion from any quarter ..... ) on appeal : air2007sc788 . the mortgagee's argument that the applicant is merely a company and not a body corporate constituted under a central or a state act, is untenable on the fine distinction that is sought to be made between a body constituted under an act and a company incorporated under the companies act. though the constitution of the government undertaking is a matter referred to in ..... the worth of the security obtained by mortgage.28. the sasf has urged that since the lands have been held by court upon the company having been wound up and as recognised by section 456 of the companies act, the applicant's complaint of non-payment of rent and cessation of manufacturing activity is, in effect, a grievance against the court's default ..... for the period after the company was directed to be wound up. this is not a difficult argument to answer, but the temptation must be resisted .....

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