Lex Summarium

Bench: N.S. Hegde, B.N. Kirpal Facts of the case: 1.  ICI  India Ltd. executed an agreement of sale wherein it agreed to transfer on an “as is where is” basis and “as a going concern” its fertilizer business of manufacturing, marketing, distribution and sale of urea fertilizer in favour of Chand Chhap Fertilizer and Chemicals Ltd. (“CCFCL”), also a company incorporated under the Companies Act, 1956 which company has since been renamed as M/s Duncans Industries Limited, Fertilizer Division, Kanpur Nagar (the appellant herein) for a total sale consideration of Rs 70 crores which was termed as “slump price” in the agreement. 2.  Pursuant to the said agreement, a deed of conveyance was executed by the said ICI in favour of CCFCL, on the presentation of the said Conveyance Deed for registration.  3. The Sub- Registrar made a reference to the Collector under  Section 47-A(2)  of the Stamp Act, 1899 (hereinafter refe...

Equivalent citations: AIR 1974 AP 226 Bench: Kondaiah, Lakshmaiah Facts of the case   1.  The plaintiff's husband, late Profulla Kumar Raj and the defendant were friends. Plaintiff alleged that his husband had obtained a possessory mortgage  on 1-9-1957 with a view to run a touring cinema in that place. 2. Plaintiff’s husband built a temporary cinema structure and erected a temporary pandal in a portion of the site where he bought a cinema projector worth Rs. 16327 and the oil engine and accessories worth Rs 3506.   3.  The aforesaid cinema projector and the oil engine and their accessories have been imbedded and installed in the earth by constructing foundations for the purpose of running the cinema concern known as 'Kumar Touring Talkies'.   4.  Finding no time to manage the cinema concern the entrusted the management of the trust and confidence in him. The defendant taking advantage of his position, as being the person in ...

AIR 1958 SC532: (1959) SCR 265 Vivian Bose, J. Facts of the case: 1. Husband of  the  petitioner granted her the right to take and appropriate all kinds of wood from certain forests in his Zamindary by  an unregistered document for a period of 12 years. 2. Meanwhile, Madhya Pradesh  Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 was passsed and all proprietary rights in land vested in the State under s. 3 Of that  Act and the petitioner could no longer cut  any wood. 3. She applied to the Deputy Commissioner and obtained from him an order under S.6(2) of the Act permitting her to work the forest and started cutting the trees. 4. The Divisional Forest Officer took action against her and passed an order directing that her name might be cancelled and the cut materials forfeited.   5. She moved the State Government against this order but to no effect.  6. Thereafter she applied to Supreme Cour...