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1922 Supreme(SC) 49

Behari Lal-Bulaki Ram – Appellant
Versus
Kundan Lal and another – Respondent


Advocates Appeared:
Chester, Ranken Ford, Majid, De Gruyther

Lord Phillimore :-

This is an appeal from an order of the Chief Court of the Punjab made in the mater of the windingup of the Diamond Jubilee Flour Mills Company, and reversing an order of the Additional District Judge at Delhi.

In the course of the proceedings in the Chief Court a point was raised which the Judge thought it unnecessary to decide, but which in their Lordships' view should be decided. It was contended on behalf of the creditor objecting to the order in question, that the Additional District Judge had no jurisdiction, and that all orders made in the winding-up of a Company must be made by the District Judge. Their Lordships think that this is not so.

When this matter began, the Indian Companies Act of 1882 was in force, but as it progressed the existing Act, being the Indian Companies Act, 1913, came into operation. For this purpose, however, the two Acts are so similar that no distinction need be made.

It is not disputed that under the Act the District Court has jurisdiction, the only question is whether that jurisdiction is confined to the District Judge or can be exercised also by an Additional District Judge.

This matter appears to be settled by the Punjab Courts Act

























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