Section 540 Companies Act 1965: Originating Summons or Writ?

(v)some applications under the Companies Act 1965 (Act 125), eg for rectification of the company register see O. 88 r. 3. (vi)applications under the Trade Marks Act 1976 (Act 175). ... and at para h of p. 469 he concluded: As mentioned earlier, originating motion not being the required or authorised mode, and the nature of the application is not one to be made by a petition, so what is left is the originating summons or a #HL_ST....

KANCILTEK (M) SDN BHD vs MAYBAN FINANCE BHD

and at para h of p. 469 he concluded: As mentioned earlier, originating motion not being the required or authorised mode, and the nature of the application is not one to be made by a petition, so what is left is the originating summons or a writ. ... JUDGMENT Syed Ahmad Helmy JC: The question for determination in this application is whether the mode of commencement by way of originating motion by the applicant for the production of the applicatio....

(v)some applications under the Companies Act 1965 (Act 125), eg for rectification of the company register see O. 88 r. 3. (vi)applications under the Trade Marks Act 1976 (Act 175). ... Upon a careful analysis of all the eight rules of O. 12 I find that the requirement of entry of appearance under the RHC, is only confined to writ of summons and originating summons. ... or a writ. ... JUDGMENT Syed Ahmad Helmy JC:....

Charu K. Mehta VS Lilavati Kirtilal Mehta Medical Trust - 2012 Supreme(Bom) 2122

The Court of Appeal noted: “What, then, was an “originating summons” at that time? This procedure was further simplified by the Act of 1852 under which in certain cases the commencement of a suit in Chancery was contemplated by a summons originating proceedings in chambers. It still meant a summons which originated proceedings in Chancery, the summons being substituted for a writ in a suit or an action, which had by the Judicature Act taken the place of a suit” It was a method of commencing proceedings in Chancery by a summons in chambers instead of by bill. Under the Gener....

Charu K. Mehta VS Lilavati Kirtilal Mehta Medical Trust - 2012 Supreme(Bom) 493

If the questions raised in this Originating Summons fall for consideration in any other proceedings, the court or authority is bound, absent anything else, to consider and decide the same. 56(A). A Division Bench of this Court in the case of Mazda Theaters Limited v. Gordhandas, (1954) 56 BLR 1080 held as under :- This judgment is, therefore, of no assistance to Mr. Setalwad. The nature and purpose of an Originating Summons also indicates the fundamental difference between an Originating Summons and other proceedings. "The right contemplated by that rule is any right, and t....

Samitendra Narayan Dutta VS Purnendra Narayan Dutta - 2001 Supreme(Cal) 254

It was stated in the affidavit it was urged that the plaintiff. respondent was trying to harass the family members by initiating various civil and criminal proceedings against the appellants and a suit had been filed by the plaintiff-respondent being Title Suit No. 1856 of 1996 in the City Civil Court at Calcutta claiming a declaration that he is a Trustee of the said Trust Property. 4. In the said proceedings for Originating Summons, numbered as O.S. Suit No. 269 of 1997, an affidavit was filed by the appellants raising various contentions.

Homi P. Ranina and others VS Eruch B. Desai and others - 1995 Supreme(Bom) 125

The only question that is raised by the plaintiffs in this originating summons relates to the mode of appointment of the President. Clause (g) of the said Rule clearly empowers the Court to determine any question arising in the administration of the estate or Trust. In my opinion, unless it is shown that the disputed facts are of such complexity as to involve a considerable amount of oral evidence, the jurisdiction to decide the question of the mode of appointment of the President, application of Rule 238 cannot be excluded on the basis of a bald plea that the facts are dis....

Harendra Nath Ghosal VS Superfoam Pvt. Ltd. - 1991 Supreme(Cal) 136

That the expression "document" used in Section 51 of the Companies Act includes summons is clear from section 2(15) of the Companies Act. 8. SECTION 51 of the Companies Act, which deals with service of documents on companies enjoins that a document may be served on a company or an officer thereof by sending it to the company or officer at the registered office of the company by post under a certificate of posting or by registered post or by leaving it at its registered office. The result is that the provision of section 51 would prevail over Rule 2 of Order 29, Civil proced....