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TMI Blog1972 (4) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... rom "the judgment" of a learned single judge of this court under clause 10 of the Letters Patent of the High Court of Lahore or of the High Court of Punjab and Haryana or of the High Court of Delhi. This court was established by the Delhi High Court Act, 1966 (hereinafter called "the Act"). Section 5(1) of the Act continued the "original, appellate and other jurisdiction" exercised by the High Court of Punjab in the Union territory of Delhi prior to the coming into force of the Act. Section 5(2) of the Act, on the other hand, conferred on this court ordinary original civil jurisdiction in every suit the value of which exceeded at first Rs. 25,000 and since October 1, 1969, Rs. 50,000. Before the commencement of the Act, this jurisdictio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i v. Hafiz Mohd. Said F.A.O. (O.S.) No. 6 of 1968 2-3-72 [F.B.J] . It is in the light of the above legal position that we have to see whether the present appeal is maintainable before us. Suit No. 370 of 1970, filed by Rajeshwar Tyagi (respondent No. 1 herein), was entertained by a learned single judge of this court exercising the ordinary original civil jurisdiction under section 5(2) of the Act. Tyagi is a shareholder in the Indian Iron Steel Co. Ltd. (respondent No. 2 herein). He avers, inter alia , that a trust was created on 18th December, 1957, under which a large number of equity and right shares were transferred to the trustees whose powers are exercised by the public trustee under sections 187A and 187B of the Companies A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he suit was really entertained by the learned single judge under section 5(1) and not under section 5(2) of the Act. She contends that in two respects, at any rate, the so-called suit is in the nature of a company petition which could lie before a single judge of this court under section 10 of the Companies Act, namely, (1) insofar as the plaintiff demands a rectification of the register of members, and (2) in so far as he challenges the actions of the public trustee. She contends that the decision of the learned single judge regarding the rectification of the register of members would be appealable under section 155(4) of the Companies Act read with clause 10 of the Letters Patent while his decision regarding the accounts of the public tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uted authorities under the provisions of the Companies Act. In such a company petition, the vires of section 187B of the Companies Act cannot be challenged. If the public trustee acts contrary to the provisions of the company law, his actions can be challenged under the Companies Act provided that his appointment as a public trustee in respect of the shares concerned is not itself challenged. But the plaintiff in the present suit challenges the vires of section 187B and also the very nature of the creation of trust which has vested in the public trustee powers to deal with the shares which are the subject-matter of the trust. These challenges cannot be inquired into in a company petition. On the other hand, such matters can certainly be inq ..... X X X X Extracts X X X X X X X X Extracts X X X X
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