CALCUTTA GAS CO PROPRIETARY LTD Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
CALCUTTA GAS CO. (PROPRIETARY) LTD.
STATE OF WEST BENGAL
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A.N.Ray, J. -
(1.) This application challenges the validity of the Oriental Gas Company Act being West Bengal Act XV of 1960. The Oriental Gas Company Limited was originally constituted by a Deed of Settlement dated April 25, 1853 by the name of the Oriental Gas Company. On April 27, 1853 the company obtained a certificate of complete registration in accordance with the provisions of the Statute 7 and 8, Vict. Cap. 110. The said company was subsequently registered in England with limited liability under the provisions of the English Joint Stock Companies Act, 1862.
(2.) In 1857, an Act being Act V of 1857 was passed by the Legislative Council of India. It was an Act to confer certain powers on the Oriental Gas Company Limited. The preamble of Act V of 1857 contains the recitals that the said Company has erected gas works on land granted for that purpose by Government in the vicinity of the town of Calcutta and is engaged in the preparation of apparatus and materials for the manufacture and supply of gas for lighting the said town; it is expedient that powers and facilities should be given to the said company to enable them to carry out their undertaking of lighting with gas the said town of Calcutta which powers and facilities may hereinafter he extended to the operation of the said company in other towns and places. With this preamble the Act conferred powers on the said company, inter alia, to lay pipes in Calcutta and other places and to excavate the streets ior the purpose.
(3.) The Articles of Association of the Oriental Gas Company Limited were altered by a special resolution passed on September 18, 1947. As a result of the said amendments the business of the said company was thereafter to be transacted in India, all general meetings of the company and all meetings of directors were to be held in India, all dividends were to be paid in and from India and no part of the profits of the said company were to be transmitted to the United Kingdom except as to payment of dividends to members whose address in the register was in the United Kingdom. In 1946 Messrs. Soorajmull Nagarmull purchased 98 per cent of the shares of the Oriental Gas Company Limited. Messrs. Soorajmull Nagarrmul floted a limited liability company named the Calcutta Gas Company (Proprietary) Limited and it was registered in India and has its registered office at Calcutta.;
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