1951 (1) TMI 22

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..... J. Hoosen Kasam Dada (India) Ltd. is admittedly a public limited company registered in Calcutta, It has got a branch functioning at Madras. The Assistant Custodian of got a branch functioning at Madras. The Assistant Custodian of Evacuee Property passed an order on 22nd February, 1950, which concludes thus: "Hence considering the above circumstances, I declare the firm of Hoosen Kasam Dada (Ind .....

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..... question is: whether the Ordinance itself is applicable to this case. Admittedly these 96 shareholders were not residents of Madras before they migrated to Pakistan, which fact is denied by the counsel for the petitioners. The company was registered in Calcutta and it is the High Court at Culcutta that would be the Court having jurisdiction over that company. Now neither the Ordinance nor Act XXX .....

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..... iving at the net profit or loss. We are, therefore, constrained to hold that the Assistant Custodian of Evacuee property had no jurisdiction to pass the order that he did. There, was an appeal from his order to the Custodian who confirmed the order of the Assistant Custodian. He held that since the vast majority of the shareholders of the "firm" were in Pakistan, the order of the Assistant Custo .....

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