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1 - 10 of 16 (0.34 seconds)Section 394 in The Companies Act, 1956 [Entire Act]
Section 173 in The Companies Act, 1956 [Entire Act]
The Monopolies And Restrictive Trade Practices Act, 1969
The Industrial Disputes Act, 1947
The English And Foreign Languages University Act, 2006
The Companies Act, 1956
Section 27 in The Monopolies And Restrictive Trade Practices Act, 1969 [Entire Act]
The Amending Act, 1901
Jadabpore Tea Co. Ltd. vs Bengal Dooars National Tea Co. Ltd. on 27 January, 1982
In the matter of price fixation the court is normally guided by the business sense of the members unless it is established that the majority has acted mala fide or to coerce a minority. In the instant case, the decision is nearly unanimous and in line with the prevailing Government policy, norms suggested by the ASSOCHAM and policy adopted by financial institutions. The company court does not sit in appeal over the price fixation. Strong reliance was placed by the objectors on the decision of the Calcutta High Court in the case of Jadabpore Tea Co. Ltd. v. Bengal Dooars National Tea Co. Ltd. [1984] 55 Comp Cas 160 in support of the point that court can interfere with price fixation. In that case, the court quashed the resolution of price fixation under section 81(1)(a) of the Act on the basis that it was replete with mala fides and hence was void for mismanagement. No such finding is warranted in this case and hence the ratio of that decision will have no application.