SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1934 Supreme(Cal) 285

REMFRY
In Re: Jambad Coal Syndicate, Ltd. – Appellant
Versus
. – Respondent


JUDGMENT

Remfry, J. - This is a petition for winding up a public company with limited liability. The ground in the petition is that after the statutory notice the company has failed to pay a debt of some Rs. 72,000 due for royalties and rent. For the company it is stated in the affidavit that a claim by a third party who is alleged to have a title paramount to that of the petitioning company is apprehended, and that as the lease has not been registered the petitioners are not entitled to claim rent or royalties. As far as the first ground is concerned an alleged apprehension, that their possession may be disturbed, or ended by a party said to have a title paramount to that of their landlords, is no excuse for tenants to withhold their rent. The other point is more difficult. It appears that by a consent decree in 1927 the Syndicate, as the company is called, agreed to take a new lease and surrender their old one. This lease has been executed by all the parties and as the affidavit states:

The lease was registered by the company and the Syndicate and various parties. Registration has not been completed by four persons who executed the document, and summonses have been issued to compel

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top