CALCUTTA GAS CO PROPRIETARY LTD Vs. STATE OF WEST BENGAL
LAWS(CAL)-1960-11-6
HIGH COURT OF CALCUTTA
Decided on November 15,1960

CALCUTTA GAS CO. (PROPRIETARY) LTD. Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

CITIZENS INSURANCE CO.,CANADA V. PARSONS [REFERRED TO]
HODGE V. R. [REFERRED TO]
GALLAGHER V. LYNN [REFERRED TO]
R. V. LEWISHAM UNION [REFERRED TO]
ATTORNEY GENERAL FOR CANADA V. ATTORNEY GENERAL FOR BRITISH COLUMBIA [REFERRED TO]
ASSAM RAILWAY AND TRADING CO. V. INLAND REVENUE COMMISSIONERS [REFERRED TO]
SUBRAHMANYAN CHETTIAR V. MUTHUSWAMI GOUNDAN [REFERRED TO]
MANIKASUNDARA BHATTAR V. R.S.NAYUDU [REFERRED TO]
JNAN PRASANNA V. PROVINCE OF WEST BENGAL [REFERRED TO]
BANK OF NEW SOUTH WALES V. THE COMMONWEALTH [REFERRED TO]
CHINTAMANRAO VS. STATE OF MADHYA PRADESH [REFERRED TO]
CHARANJIT LAL CHOWDHARY VS. UNION OF INDIA [REFERRED TO]
STATE OF BOMBAY VS. NAROTTAMDAS JETHABHAI [REFERRED TO]
STATE OF BOMBAY VS. F N BALSARA [REFERRED TO]
STATE OF ORISSA VS. MADAN GOPAL RUNGLA [REFERRED TO]
STATE OF WEST BENGAL HABIB MOHAMMAD STATE OF HYDERABAD STATE OF MYSORE VS. ANWAR ALI SARKAR:ANWAR ALI SARKAR [REFERRED TO]
STATE OF MADRAS VS. V G ROW:THE UNION OF INDIA AND THE STATE OF TRAVANCORE COCHIN [REFERRED TO]
STATE OFBIHAR VS. KAMESHWAR SINGH:STATE OF MADHYA PRADESH:GOVERNMENT OF THE STATE OF UTTAR PRADESH:KAMESHWAR SINGH [REFERRED TO]
AMEERUNNISSA BEGUM VS. MAHBOOB BEGUM [REFERRED TO]
RAM PRASAD NARAYAN SAHI VS. STATE OF BIHAR [REFERRED TO]
K C GAJAPATI NARAYAN DEO VS. STATE OF ORISSA [REFERRED TO]
STATE OF WEST BENGAL VS. SUBODH GOPAL BOSE [REFERRED TO]
STATE OF BOMBAY VS. BHANJL MUNJI [REFERRED TO]
M K RANGANATHAN VS. GOVERNMENT OF MADRAS [REFERRED TO]
TIKA RAMJI OTHERS VS. STATE OF UTTAR PRADESH [REFERRED TO]
SHANTABAI VS. STATE OF BOMBAY [REFERRED TO]
RAM KRISHNA DALMIA SHRIYANS PRASAD JAIN JAI DAYAL DALMIA VS. UNION OF INDIA [REFERRED TO]
MOHAMMAD HANIF QUARESHI 2 MOHAMMAD ILLIAS 3 GHANI MAHAJAN AND 4 NASIR UD DIN 5 SHEIKH HUSSAIN QUARESHI 6 SHEIKH SUBHAN 7 ABDUL AZIZ 8 MOHAMMAD ISMAIL AND 9 ABDUL RAHIM 10 ABDUL VS. STATE OF BIHAR 2 STATE OF UTTAR PRADESH 3 STATE OF BOMBAY 4 STATE OF MADHYA PRADESH 5 STATE OF MADHYA PRADESH [REFERRED TO]
C K ACHUTAN VS. STATE OF KERALA [REFERRED TO]
STATE OF RAJASTHAN VS. G CHAWLA [REFERRED TO]
MAHADEO SETH BANSIDHAR AMARSIBHAI SAMBASHIV FIRM HABIB AHMED BROTHERS HIRJIBHAI FIRM S PRATAP AND COMPANY KUMAR S PRATAP SINGH AND COMPANY R M CHANDRAPAL SINGH RANA VS. STATE OF BOMBAY STATE OF MADHYA PRADESH DIVISIONAL FOREST OFFICER EAST CHANDA [REFERRED TO]
PRAFULLA KUMAR MUKHERJEE VS. BANK OF COMMERCE LTD, KHULNA [REFERRED TO]
P K BANERJEE VS. LJSIMONDS [REFERRED TO]
ATTORNEY-GENERAL OF SASKATCHEWAN VS. ATTORNEY-GENERAL OF CANADA [REFERRED TO]
GOVERNOR GENERAL IN COUNCIL VS. PROVINCE OF MADRAS [REFERRED TO]
CORPORATION OF CALCUTTA VS. MOTI CHAND CHOWDHURY [REFERRED TO]



Cited Judgements :-

SASHI BHUSAN RAY VS. PRAMATHA NATH BANDOPADHYAY [LAWS(CAL)-1966-6-4] [REFERRED TO]


JUDGEMENT

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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