GENERAL ASSURANCE SOCIETY LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In these 8 cases a reference has been made by the learned Single Judge.

(2.) The Indian Companies Act was applied to Rajasthan with certain modifications by the Rajasthan Adaptation of Central Laws Ordinance (No. 4 of 1950 promulgated on 24th January, 1950) and Section 3 of the Act was modified so as to substitute Government of United State of Rajasthan for Central Government under the proviso to Sub-section (1) of Section 3 of the Act. On 9-8-1950, the Government of Rajasthan in exercise of the powers conferred by the modified proviso to Sub-section (1) of Section 3 of the Act issued a notification empowering the District Courts (District Judges) in Rajasthan to exercise all the jurisdiction conferred by the Indian Companies Act, upon the Court.

(3.) On 1-4-1951, the Part B States Laws Act came into force and the Indian Companies Act (No, 7 of 1913) was applied in its entirety subject to certain amendments. One of such amendments was insertion of Section 2 (b) by which the companies registered under any law in a Part B State corresponding to the Indian Companies Act immediately before the commencement of the Part B States Laws Act, 1951, were to be deemed for the purposes of the Act to be companies incorporated and registered under the Act. Certain other modifications were made which are not relevant for the purpose of this case.