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1960 (2) TMI 32 - SC - Companies LawWhether the Act of 1956 indicates that it was intended thereby to destroy the rights created by section 153-C of the Act of 1913? Held that:- Section 10 of the Act of 1956 deals only with the jurisdiction of courts. It shows that the District Courts can no longer be empowered to deal with applications under the Act of 1956 in respect of matters contemplated by section 153-C of the Act of 1913. This does not indicate that the rights created by section 153-C of the Act of 1913 were intended to be destroyed. section 24 of the General Clauses Act puts an end to the notification giving power to the District Judge, Poona, to hear the application under section 153-C of the Act of 1913 as that notification is inconsistent with section 10 of the Act of 1956 and the District Judge cannot, therefore, continue to deal with the application.Section 24, therefore, does not cancel the notification empowering the District Judge of Poona to exercise jurisdiction under the Act of 1913. It seems to us that since under section 6 of the General Clauses Act the proceeding in respect of the application under section 153-C of the Act of 1913 may be continued after the repeal of that Act, it follows that the District Judge of Poona continues to have jurisdiction to entertain it. If it were not so, then section 6 would become infructuous. Appeal dismissed.
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