THE BRIHAN MAHARASHTRA SUGAR SYNDICATE LTD. versus JANARDAN RAMCHANDRA KULKARNI AND OTHERS

THE BRIHAN MAHARASHTRA SUGAR SYNDICATE LTD. versus JANARDAN RAMCHANDRA KULKARNI AND OTHERS

Section 6 of the General Clauses Act preserves the jurisdiction of the District Judge of Poona to continue proceedings commenced under section 153-C of the Indian Companies Act, 1913, despite its repeal by the Companies Act, 1956, as there is no contrary intention expressed in the new Act, and saving provisions...

Source-derived case information.

Parties
Appellant: The Brihan Maharashtra Sugar Syndicate Ltd.; Respondents: Janardan Ramohandra Kulkarni and others
Jurisdiction
India
Judgment Date
22 February 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated November 20, 1957, of the Bombay High Court in First Appeal No. 600 of 1956, Arising Out of the Judgment and Order Dated October 17, 1956, of the District Judge, Poona, in Misc. Petition No. 2 of 1956.
Outcome
Appeal dismissed with costs.
Legal Topics
Repeal of Statutes, Jurisdiction of District Courts, Continuation of Proceedings, Indian Companies Act 1913, Indian Companies Act 1956, General Clauses Act
Company Law Repeal of Statutes Jurisdiction of District Courts Continuation of Proceedings Indian Companies Act 1913 Indian Companies Act 1956 General Clauses Act

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Parties

The Brihan Maharashtra Sugar Syndicate Ltd.

Appellant

Janardan Ramohandra Kulkarni and others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated November 20, 1957, of the Bombay High Court in First Appeal No. 600 of 1956, Arising Out of the Judgment and Order Dated October 17, 1956, of the District Judge, Poona, in Misc. Petition No. 2 of 1956.

Legal Issues

  1. 1 Whether proceedings initiated under section 153-C of the Indian Companies Act, 1913, before its repeal, could be continued after the enactment of the Companies Act, 1956.
  2. 2 Whether the District Judge of Poona retained jurisdiction to hear the application under the repealed Act.

Ratio Decidendi

Section 6 of the General Clauses Act preserves the jurisdiction of the District Judge of Poona to continue proceedings commenced under section 153-C of the Indian Companies Act, 1913, despite its repeal by the Companies Act, 1956, as there is no contrary intention expressed in the new Act, and saving provisions confirm the general application of section 6.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • The present decision will not preclude the appellant from making a similar claim in future and justifying it by leading proper evidence.