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TMI Blog1951 (10) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... various creditors and contributories of the company. This compromise was recommended by the District Judge, Nagpur, for acceptance by an order passed on 8th March, 1951. During the course of the hearing of the said petition, it appeared to us that some of the parties affected by the original order of the District Judge had not appealed, and the question was whether those persons whose right had been disallowed by the District Judge by his original order were entitled to appeal against the order and challenge the compromise. Since difficulty was felt in knowing whether or not they were to appeal, after several adjournments, a notice on 31st July, 1951, was caused to be sent to these persons with a view to ascertaining whether or not they i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to issue to those persons who had not filed an appeal. Shri Dabir, having intimated to this court that his client did not intend appealing, had really no right of audience; but as the question of jurisdiction was raised, we heard him so that no lacuna may remain in this case, if and when the compromise comes up for consideration. We may point out also that a similar question of jurisdiction was raised on behalf of Shri K. S. Chitnavis by Shri Raje, who later, by an application abandoned it stating that he was satisfied that the jurisdiction of the District Judge was proper. Having heard Shri Dabir and some of the learned counsel in reply, we give our decision on the question of jurisdiction and we hold that the District Judge did have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above) made by the Government of India (Adaptation of Indian Laws) Order, 1937, came into operation. Unless and until fresh notifications are issued in this respect after 1st April, 1938, by Provincial Governments, it is doubtful whether the above mentioned District Courts have jurisdiction under this Act." The Indian Companies Act, section 3, conferred the jurisdiction initially upon High Courts. Sub-section (1) of section 3 says : "The Court having jurisdiction under this Act shall be the High Court having jurisdiction in the place at which the registered office of the company is situate." There is a proviso added to this, which says now: "The Central Government may by notification in the official gazette ... empower any Distric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ender invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued or anything duly done, before the commencement of this Order; and any such notification, order, commitment, attachment, bye-law, rule, regulation or thing may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and under and in accordance with the provisions then applicable to such a case. 10. Save as provided by this Order, all powers which under any law in force in British India, or in any part of British India, were immediately before the commencement of Part III of the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... April, 1937. This position is further strengthened if we take into consideration section 292 of the Government of India Act, 1935, by which all laws which were in force had been kept, applicable until repealed or modified by a competent authority. The same position now obtains by virtue of clauses 22 and 23 of the Adaptation of Laws Order, 1950, read with Article 372 of the Indian Constitution which came into force on 26th January, 1950. By virtue of the aforesaid clauses, the law which was in force in India continues to be so in force unless altered by some Legislature or authority empowered to regulate the matter in question. The law in force in India would include all notifications enabling courts to entertain suits of a particular cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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