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1974 (1) TMI 69

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..... Registrar of Companies nor was the Registrar present in person. After hearing learned counsel for the petitioner, the petition was allowed. Subsequently the Registrar of Companies sent a communication to this court inviting its attention to a notification No. G.S.R. 663 [1959] 29 Comp Cas (St) 230, dated May 29, 1959, and he has submitted that, by virtue of that notification, the district courts .....

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..... ction (2) provides that the Central Government may, by notification in the official Gazette and subject to such restrictions, limitations and conditions as it thinks fit, empower a District Court to exercise all or any of the jurisdiction conferred by the Act upon the court, except the jurisdiction conferred by certain specified provisions of the Act. A notification No. G. S. R. 663, See [1959] .....

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..... the case of District Courts in the State of Orissa and in the Union Territory of Himachal Pradesh, such jurisdiction shall be exercisable subject to the orders of the High Court or, as the case may be, the Judicial Commissioner's Court, namely : ................ (5) Section 141 Rectification by Court of register of charges................" It is plain from a reading of the notification that .....

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..... ner the jurisdiction should be exercised. It was not contemplated that the jurisdiction already conferred by the Central Government should be taken away by the Judicial Commissioner's Court. Each District Court in Himachal Pradesh has been conferred jurisdiction under the Companies Act by the Central Government, and even though the Judicial Commissioner's Court or the High Court succeeding it, may .....

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