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...it ought to be stopped. There will be the usual winding-up order.”
25. In Re German Date Coffee Company ([1882] XX Ch. D 169), the memorandum of association of the ....
31. A Division Bench of this Court in Nagavarapu Krishna Prasad case (2 supra) referred to the judgments in In Re Suburban Hotel Company (7 supra), In Re Haven Gold M...the main and principal object of the existence of this German Date Coffee Company. Any other thing in the memorandum, if there be any, seems to be subsidiary and auxiliary only to that object of...
...is applied where the objects of a company are expressed in a series of paragraphs and one paragraph, commonly the-first, appears to embody the main or dominant object of the company. In such a case, all the other p...opinion, none of the above three cases has any application to the facts of the present case. The present case is governed by the decisions in In re German Date Coffee Co.3, In re...Zealand and large majority of the shareholders wished to continue the company. The court made an order of winding-up. In both the cases of German Dale Coffee and Haven Gold Mining, the court referred to...
...Principal or Agent” this is obviously too wide, and would have to be cut down to conform with the main objects of the Company (see the judgment of Baggallay and Lindley L.JJ in In Re German Date ...company agree to pay him remuneration for his services.”And in Brazilian Rubber Plantations and Estates, Limited, In re Mr. Justice Neville at p. 440 after citing these observations said...make purchases, sales loans, and advances for and on behalf of the company Reliance has been placed on the decision of Romer J. in City Equitable Fire Insurance Co., In re, which lays down the duties...
...winding-up.
16. In In re German Date Coffee Company [1882] 20 Ch D 169 (CA) the memorandum of association of a company stated that it was forme...business, stood revoked, with the result that the company could not engage in any banking business and ceased to be a banking company from the date of the Ordinance. Consequently, the restrictions contained...operate proprio vigore from the date of such taking over of the company. He rejected the contention raised during the course of the argument, that the memorandum of association was in the nature of a...
...appearing before them in the same section. In connection with the construction of general words, I may well refer to the observations of Lord Justice Lindley appearing in the case of In re German .... It will not do under general words to turn a company for manufacturing one thing into a company for importing something else, however general the words are.”32. In my view, the words...lives in the cause of their country's freedom have upheld the dignity of man and rendered great service to the highest value of life, viz. ‘Freedom’. That the Mayor be requested to forward the Resolution...
...gone clearly cannot be applied to a case of this description. Two illustrations of that class of cases will be found in Haven Gold Mining Co., In re (6) and German Date Coffee Co., In ...Warehousing Company, In re (1), Middleesbrough Assembly Rooms Company, In re (2) and Capital Fire Insurance Association, In re (3). The power will be exercised only when there is...manufacture from dates a substitute for coffee under a German patent, but the German patent was not and could not be obtained. In such cases, it could be rightly held that the substratum was gone...
...substratum of the company is gone when the main purpose has become impossible (vide also In re German Date Coffee Company2): where it was held that the substratum of the company had faile...other company, that the only business which the company did from 1934 was to distribute the electricity in and around Narasaraopet, and, further, that no attempt has been made up-to-date either by the...impossible to carry out the objects for which it was formed; and, therefore, that it was just and equitable that the company should be wound up (vide also In re Baku Consolidated Oilfields Ltd.3...
...solvent.40. In In re German Date Coffee Co., 20 Ch D 169 (CA) [1882], it was laid down that the substratum is gone when the main “purpose” has become impossible. This ...) and the contract shall determine on the date of such notice being given.(2) The Secretary of State may by giving to the company notice in writing of not less than 12 months prior to...suspension of business for more than one year could not be a ground for winding up, as the company had resumed business, the material date being the date of the winding-up petition. In the context of the...
...exploit has ceased to exist. It is exactly the same way with a patent, as, in the well known German Date Coffee case [In re German Date Coffee Company8]. A patent is a d..., Bitumen, and Asphalt Company, Limited, In re], which appears to decide that where such words are included although the restrictive rule may be adopted for the purpose of determining whether the main...the said business”. Kitson ??? Co. Ltd., In re,7 the objects of the company were stated in wide terms in the memorandum of association as follows:(i) To acquire and take over as a going...
...February 7, 1977 issued by the Coffee Board, whereby it requires the registered exporters of coffee to furnish contingency deposits or bank guarantees equal to the amount of sales tax in respect of the...of coffee estates and licensing of curers and dealers and it also imposes control on the sale, export and reimport of coffee into India. In regard to sale, it fixes prices for sale of coffee either...wholesale or retail by registered owners and licensed curers for the purpose of sale in the Indian market and the Coffee Board fixes internal sale quota for each estate owner and the owner has to...
...winding up on the ground that the substratum of the company was gone and the court accepted that contention.40. The next case relied upon by Mr. Sen is In Re. German Date Coffee Co...alterations in the objects of the company as it was found convenient to combine some new business with the existing business.36. The first case referred to by Mr. Sen was In Re Jewish...objects for which the company was formed. The object for which the company was formed was for working a German patent for manufacturing coffee from dates. This patent was never granted, but the...
...in a year—(a) in any process of blending, packing or re-packing of tea or coffee; or(b) in such other manufacturing process...factory”, a factory which works for a period of not exceeding seven months in a year — (a) in any process of blending, packing or re-packing of tea or coffee; or (b) in such other manufacturing...engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar...
....29. Another bank, Messrs Schacht & Company stated in their opinion that a German bank when handling deposits would follow exclusively the instructions given by the depositor and that...Venkatarama Aiyar, J.— The appellant in Civil Appeal No. 319 of 1961, Shri S.P Jain is the Chairman of the Board of Directors of a Company called Sahu Jain Ltd., which holds...own a Paper Mill at Dalmianagar in the State of Bihar. Shri Jain is the Chairman of the Board of Directors of that Company also. The New Central Jute Mills Ltd. carry on business in the manufacture and...
...into in the contentions in this petition. The rights and obligations of the parties, inter se between the petitioners and the Coffee Board may be agitated in appropriate proceedings. Re Writ Petition...the writ petitions filed by the Coffee Board and others were dismissed. In order to appreciate the questions involved in the decision, it may be noted that the appellant herein — Coffee Board...consensuality in the compulsory sales regulated by the Act. The amount paid by the Board to the grower under the Act was the value or price of coffee in conformity with the detailed accounting done...
...imposes a control on the,sale, export and re-import of coffee into India. In respect of sale, it fixes prices for sale of coffee either wholesale or retail by registered owners and licensed curers for...decision in Serajuddin & Company v. Commercial Tax Officer(2).
On the facts of this case, the Coffee Board, the sellers, have concern with the actual export of goods...the terms and
1 conditions of sale of Coffee in the course of export. Under Condition 26 of the Rules a registered dealer has to...
...-holders to continue to adventure his money on some quite different project or speculation.
The same principle was applied in In re German Date Coffee Co., (...Sales Agency, during the period of the lease exceeded Rs. 3,24,000/- per year from the date of the lease, Messrs. Commercial Sales. Agency should pay to the Company in addition to the sum of Rs. 81,000..., 1960. In the meantime before the adjourned date of the hearing an extraordinary general meeting of the Company was held on 8th October, 1960 and at that meeting the proposal of the Board of Directors...
...engaged in the manufacture of non-alcoholic beverage bases falling under Tariff Item 68 of Central Excise Tariff. During the course of enquiry, it was found that the company had during the period from 1...respondent Company filed an appeal before the Tribunal and contended that the question of the dutiability of non-alcoholic beverage bases manufactured by the respondent had been settled by the Tribunal in...varied from statute to statute. In some cases the dividing line between the two might be thin and in some cases it might be varied but so far as coffee-chicory blend was concerned there was little doubt...
...the substratum of the company was gone and the court accepted that contention.
41. The next case relied upon by Mr. Sen is In re. German Date Coffee Co., (1882) 20 Ch. D. ...alterations in the objects of the company as it was found convenient to combine some new business with the existing business.
37. The first case referred to by Mr. Sen was In re Jewish...ought to be made.40. The next case referred to by Mr. Sen is in In re, Haven Gold Mining Co., (1882) 20 Ch D 151. This was also an application to wind up the company on the ground that...
...between the German company and one Kejriwal. The company was incorporated pursuant to this agreement and the rights of Kejriwal in the collaboration agreement were apparently transferred to the company.... The total amount claimed by the German company was: to be paid in three instalments and part of the first instalment was admittedly paid by the company. The company did not dispute its liability to...company opposes the admission of the petition on the ground that it is mala fide, filed in furtherance of a conspiracy between the German company, Kejriwal and one Dr. Turba, a nominee of the German...
...section 397 of the Companies Act. The learned counsel relied on Re: Haven Gold Mining Co. (4) (1882) 20 Ch.D 157 and Re: ...asked for copies of the balance-sheet upto 31st of August 1956, that is, upto the date previous to vesting of the assets of the company in the Life Insurance Corporation. I have failed to appreciate the...appearing on behalf of P.N Talukdar informed me that the amount lying in current accounts of the company with several banks amounted to over Rs. 1,67,000/-. Besides, there was also some cash in hand. This...