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february 1960

Supreme Court of India · 1960-02-22

THE BRIHAN MAHARASHTRA SUGARSYNDICATE LTD. vs JANARDAN RAMCHANDRA KULKARNIAND OTHERS

Citation / case number
SC 1958/34
Court
Supreme Court of India
Petitioner
THE BRIHAN MAHARASHTRA SUGARSYNDICATE LTD.
Respondent
JANARDAN RAMCHANDRA KULKARNIAND OTHERS
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court ruled that the jurisdiction of the District Judge to handle applications under Section 153-C of the Indian Companies Act, 1913, was preserved despite the repeal of the Act by the Companies Act, 1956. The Court held that Section 6 of the General Clauses Act maintains the authority of the District Judge to continue proceedings initiated under the repealed Act. It clarified that Section 647 of the Companies Act, 1956 does not indicate an intention to affect rights under the earlier Act, thus allowing the pending application to proceed.

THE BRIHAN MAHARASHTRA SUGARSYNDICATE LTD. vs JANARDAN RAMCHANDRA KULKARNIAND OTHERS · Niyam