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    <title>1998 (8) TMI 447 - HIGH COURT OF GUJARAT</title>
    <link>https://www.taxtmi.com/caselaws?id=103749</link>
    <description>The winding-up court retained jurisdiction under section 446 of the Companies Act over proceedings concerning leased premises in liquidation, even though the premises were governed by rent-control legislation; applying harmonious construction, the special company-law jurisdiction was not excluded by the general rent-law forum provision, so the maintainability objection failed. The court also stated that the Official Liquidator could not transfer or alienate the leased property in breach of the Rent Act&#039;s restrictions on assignment or subletting; those statutory limits continued to operate after winding up, and any transfer had to fall within the narrow exception for a transfer of the business as a going concern. Standalone transfer of the leasehold interest was impermissible.</description>
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    <pubDate>Mon, 03 Aug 1998 00:00:00 +0530</pubDate>
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      <title>1998 (8) TMI 447 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=103749</link>
      <description>The winding-up court retained jurisdiction under section 446 of the Companies Act over proceedings concerning leased premises in liquidation, even though the premises were governed by rent-control legislation; applying harmonious construction, the special company-law jurisdiction was not excluded by the general rent-law forum provision, so the maintainability objection failed. The court also stated that the Official Liquidator could not transfer or alienate the leased property in breach of the Rent Act&#039;s restrictions on assignment or subletting; those statutory limits continued to operate after winding up, and any transfer had to fall within the narrow exception for a transfer of the business as a going concern. Standalone transfer of the leasehold interest was impermissible.</description>
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      <pubDate>Mon, 03 Aug 1998 00:00:00 +0530</pubDate>
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