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6 சட்ட சிக்கல் டிக் டிக் பதில் by. R.S.M.J,] [V.L.N.J,] j THE HON’BLE MR JUSTICE R. SUBRAMANIAN and THE HON’BLE MR JUSTICE V.LAKSHMINARAYANAN COMP.A.Nos.470 to 473 of 2007 in C.P.No.57 of 1988 In all Company Applications. Question No.6 Whether the Company Court has the jurisdiction to determine question of title of land falling outside jurisdiction of this Court in view of Clause 12 of Madras High Court Letters Patent? Answer: The answer to this question lies under Section 10 of the Companies Act of 1956. If a Company is registered within the jurisdiction of a High Court exercising its jurisdiction under the Companies Act of 1956, then necessarily by virtue of Section 10 of the Act, the Company Court has the power to determine the title of the land of properties falling outside the Ordinary Original Jurisdiction of the Court. We have to note that Letters Patent has been treated as a parliamentary statute and it is held to be in force till it is replaced by another parliamentary statute. Companies Act of 1956 is a parliamentary statute and it has conferred the power on the company courts under section 10 of the Companies Act. Therefore, we hold in this case, though the properties in this case are situated in the state of Telangana and Andhra Pradesh, as the company was registered within the jurisdiction of this Court, the Company Court has the jurisdiction to deal with the said issues. 32.The answers to the reference having been given by us, the matter will now be placed before the Learned Single Judge in order to proceed in accordance with law. [R.S.M.J,] [V.L.N.J,] 22.08.2023 nst Index : Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No To: 1.The Commissioner Of Police, Greater Chennai, Egmore, Chennai. 2.The Official Liquidator, 2nd Floor, Rajaji Salai, Chennai. 3.SRO, Badvel Kadapa district, Andhra Pradesh. 4.Mandal Revenue Officer Porumammila Mandal Kadapa district Andhra Pradesh. SUBRAMANIAN,J. and V. LAKSHMINARAYANAN, J. nst Pre-Delivery Order In COMP.A.Nos.470 to 473 of 2007 in C.P.No.57 of 1988 and O.S.A.Nos.181, 182 & 183 of 2012 and O.S.A.Nos.315, 316, 317 and 318 of 2013 .08.2023
by Sekar Reporter · Published September 17, 2023
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9/26, 16:39] Lita Srinivasan: Section 7(2) of the Act simply stated that the tribunals could be presided over by officers not below the rank of Sub-Divisional Officer of a State. The State government had framed statutory rules under the Act in 2009 and notified RDOs as presiding officers of maintenance tribunals and Collectors as the heads of appellate tribunals
by Sekar Reporter · Published September 26, 2020