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TMI Blog1972 (3) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... that company under section 433 of the Companies Act, 1956 (hereafter referred to as "the Act") for the compulsory winding up of the company on the ground that it was unable to pay its debts. The petition was opposed by the company both on the ground that the court in which the petition was filed had no jurisdiction to entertain the petition and also that the company was not unable to pay its debts. On the first point of jurisdiction the learned Additional District Judge held, vide his order dated 9th December, 1968, that the court had jurisdiction. Thereupon, the following two issues were framed on merits. "1. Whether the respondent is liable to be wound up on the grounds alleged? 2. Relief" On a consideration of the evidence led ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rade under marks which have acquired reputation. The statute creates the Registrar a tribunal for safeguarding these rights and for giving effect to the right created by the Act and the High Court as such, without more, has been given appellate jurisdiction over the decision of this Tribunal. The High Court, while exercising this appellate jurisdiction, has not to exercise it in a manner different from its other appellate jurisdiction. It is merely an addition of a new subject-matter of appeal to the appellate jurisdiction already exercised by the High Court. The case does not appear to us to have any bearing on the question before this court. Section 433 of the Companies Act, 1956, which provides for appeals from orders, lays down that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Committee of the Privy Council in R.M A.R.A. Adaikappa Chettiar v. Chandrasekhara Thevar A.I.R. 1948 P.C. 12. What that decision lays down is that where a legal right is in dispute and the ordinary courts of the country are seized of such dispute the courts are governed by the ordinary rules of procedure applicable thereto and an appeal lies if authorised by such rules, notwithstanding that the legal right claimed arises under a special statute which does not in terms confer a right of appeal. The case has no bearing on the question before us. We do not say for a moment whether a right of appeal from the orders in question did not lie under the ordinary rules of procedure to the High Court of Delhi, but it was the first appeal that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18; A.I.R. 1970 Delhi 37. The question raised in that case was in the context of an order made by the Claims Tribunal under the Motor Vehicles Act, 1939, and the right of appeal to the High Court under section 110-D of the Act. It was held that in hearing the appeal under section 110-D of the Act, the High Court must he held to be acting as a High Court and not as a Tribunal, inasmuch as the claim for compensation for negligence is a common law right not created by a statute and the claim is considered by the Tribunal in its entirety without limitation with the result that an appeal to the High Court is filed in its ordinary civil jurisdiction. The question, therefore, turned on the interpretation of the expression "judgment" within the mea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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