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    <title>1936 (1) TMI 19 - PESHAWAR JUDICIAL COMMISSIONER S COURT</title>
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    <description>Section 171 of the Companies Act, 1913 bars proceedings against a company in liquidation without leave of the winding-up court, but that restriction does not extend to appeals or revisions filed by the opposite party in litigation originally begun by the company. Where the company itself instituted the suit as plaintiff and decree-holder, the defendant&#039;s appellate or revisional challenge is treated as a continuation of the same proceedings and does not require leave. The document also notes that a revision against a finding on limitation was not competent, and that the appellate court had properly exercised discretion under Section 5 of the Limitation Act, 1908 in extending time.</description>
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    <pubDate>Mon, 20 Jan 1936 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=96705</link>
      <description>Section 171 of the Companies Act, 1913 bars proceedings against a company in liquidation without leave of the winding-up court, but that restriction does not extend to appeals or revisions filed by the opposite party in litigation originally begun by the company. Where the company itself instituted the suit as plaintiff and decree-holder, the defendant&#039;s appellate or revisional challenge is treated as a continuation of the same proceedings and does not require leave. The document also notes that a revision against a finding on limitation was not competent, and that the appellate court had properly exercised discretion under Section 5 of the Limitation Act, 1908 in extending time.</description>
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      <pubDate>Mon, 20 Jan 1936 00:00:00 +0530</pubDate>
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