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1 - 10 of 28 (0.31 seconds)Section 108A in The Companies Act, 1956 [Entire Act]
S. Bhagat Singh And Anr. vs The Piar Bus Service Ltd., Amritsar And ... on 12 December, 1958
21. H. R. Khanna J., in Smt. Somavati Devi Chand v. Krishna Sugar Mills Ltd., AIR 1966 Punj 44, following the decision in Delakhant Tea Co. Ltd.'s case, AIR 1959 Cal 476, the judgment of Tek Chand J. in the case of S. Bhagat Singh v. Piar Bus Service Ltd. [1960] 30 Comp Cas 300, and other cases, held that where complicated matters like fraud, etc., are involved, they can only be adjudicated after recording evidence and that it would not be proper to go into them in a summary proceeding under Section 155 of the Act.
The Companies Act, 1956
Section 108 in The Companies Act, 1956 [Entire Act]
Section 38 in Indian Companies Act, 1913 [Entire Act]
Swadeshi Cotton Mills Co. Ltd. And Ors. vs Union Of India And Anr. on 14 December, 1978
21. H. R. Khanna J., in Smt. Somavati Devi Chand v. Krishna Sugar Mills Ltd., AIR 1966 Punj 44, following the decision in Delakhant Tea Co. Ltd.'s case, AIR 1959 Cal 476, the judgment of Tek Chand J. in the case of S. Bhagat Singh v. Piar Bus Service Ltd. [1960] 30 Comp Cas 300, and other cases, held that where complicated matters like fraud, etc., are involved, they can only be adjudicated after recording evidence and that it would not be proper to go into them in a summary proceeding under Section 155 of the Act.
Jayshree Shantaram Vankudre vs Rajkamal Kalamandiar Private Ltd. And ... on 19 January, 1959
In Jayashree Shantaram Vankudre v. Rajkamal Kalamandir Private Ltd. [I960] 30 Comp Cas 141 (Bom), it was laid down that where discovery and inspection are necessary and complicated questions such as forgery and fabricated documents arise, the summary procedure of trial by petition under Section 155 should not be allowed.
Rao Saheb Manilal Gangaram Sindore And ... vs Western India Theatres Ltd. And Ors. on 8 February, 1962
In Rao Saheb Manilal Gangaram Sindore v. Western India Theatres Ltd. [1963J 33 Comp Cas 826 (Bom), Shah J. ruled that the provisions in Section 155 of the Companies Act for a procedure by way of an application is only a provision for a summary procedure and that the court is not bound to give the relief under that section in that proceeding if it finds that complicated questions of fact and law are involved and it has got the power to direct the party concerned to a civil court and to file a proper action for the purpose of securing the relief which he seeks in the summary proceeding.
Smt. Soma Vati Devi Chand vs Krishna Sugar Mills Ltd. And Ors. on 9 April, 1965
21. H. R. Khanna J., in Smt. Somavati Devi Chand v. Krishna Sugar Mills Ltd., AIR 1966 Punj 44, following the decision in Delakhant Tea Co. Ltd.'s case, AIR 1959 Cal 476, the judgment of Tek Chand J. in the case of S. Bhagat Singh v. Piar Bus Service Ltd. [1960] 30 Comp Cas 300, and other cases, held that where complicated matters like fraud, etc., are involved, they can only be adjudicated after recording evidence and that it would not be proper to go into them in a summary proceeding under Section 155 of the Act.