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Showing 61 to 62 of 62 Records
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1958 (3) TMI 22 - HIGH COURT OF BOMBAY
Oppression and mismanagement – Notice to be given to central government of applications under section 397 and 398
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1958 (3) TMI 21 - HIGH COURT OF MADRAS
Winding up – Power of court to assess damages against delinquent, directors, etc. ... ... ... ... ..... n if the defendant dies the right dies with him and the suit or proceedings cannot be continued against his executors. It is the language of section 235 of the Act that decides the issue. It was a limited right. It ended when Gopalachariar died. We are not concerned with the question whether the liquidators have any other remedies against the estate of the deceased Gopalachariar. All we are concerned with is to answer the question we have set out above Can the proceedings under section 235 of the Act be continued against the deceased Gopalachariar? We re-affirm the well settled principle which was followed in Sankaran v. Kottayam Bank 1946 16 Comp. Cas. 36 and answer the question in the negative. In the view we have taken that the right to continue the proceedings under section 235 of the Act ended when Gopalachariar died, the further question of condoning the delay in setting aside the abatement does not arise for consideration. C.M.P. Nos. 347 and 348 of 1958 are dismissed.
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