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Showing 41 to 44 of 44 Records
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1959 (11) TMI 22 - SUPREME COURT
Whether the liquidators had remained in occupation of the premises not for the purpose of winding up but "because they could not think of any suitable method of getting rid of the premises in spite of all their desire to do so?
Held that:- Unable to agree with the High Court that under rule 97 of the Company Rules, if the premises remained in the occupation of the liquidators, not for the purpose of winding up, the landlord is entitled to priority in respect of payment of rent. On the view taken by us, the appeal will be allowed, the order passed by the High Court set aside and the order passed by Mr. Justice Brij Mohan Lall restored with costs in this court and in the High Court.
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1959 (11) TMI 21 - HIGH COURT OF KERALA
Amalgamation ... ... ... ... ..... riginal decree-holder in favour of the new bank as a result of the amalgamation of the two banks and that the new bank is entitled to execute the decree in the capacity of assignee-decree-holder. Thus the assignment had only to be recognised after notice to the parties concerned, and execution allowed as contemplated by Order XXI, rule 16, Civil Procedure Code. There is no question of any amendment of the decree. The learned Judge was wrong in thinking that the decree has to be got amended. 2. In the result, this appeal is allowed and the order of the lower court is set aside. The lower court will proceed with the execution application in accordance with law and in the light of the observations made above.
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1959 (11) TMI 2 - HIGH COURT OF JUDICATURE AT BOMBAY
Penalty - Customs ... ... ... ... ..... ffence as mentioned in Section 167(8). That whatever is not a person who is dealing with the goods subsequent to the arrival thereof without his being concerned in illegal importation thereof into India. It appears to me that the words person concerned relate to all those who may have an interest already accrued in the illegal importation prior to the period of time of such importation. That however I have no reason to decide in this case and does not arise before me. So far as the petitioners are concerned I cannot hold that they were persons concerned in the importation of these two slabs of gold into India. That they have been helping Shankarlal in destroying the evidence of gold of foreign origin smuggled into India does not in any manner make them persons concerned in the offence as mentioned in Section 167(8). The petitioners are accordingly entitled to have the penalty imposed upon them quashed. The impugned order as against the petitioner will therefore stand quashed.
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1959 (11) TMI 1 - HIGH COURT AT CALCUTTA
Natural justice ... ... ... ... ..... ndings therefore cannot lead to the determination of the questions to whether it comes within one item or the other. Apart from the faulty determination of the question it appears that exhaustive enquiries were made but unfortunately all these enquires were ex parte and without notice to the petitioner and behind his back. It has now been held that these proceedings are quasi-judicial proceedings and therefore enquiries upon the results of which the Customs authorities rely, cannot be made behind the back of the person concerned. For both these reasons this order of the Assistant Collector of Customs dated October 16, 1956, being Ext. F to the petition, cannot be sustained and the rule is made absolute and a writ in the nature of certiorari is issued quashing this order and a writ in the nature of mandamus is issued directing the respondent not to give effect to it. The matter must now be determined in accordance with law. It is desirable that the matter should be expedited.
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