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    <title>1973 (12) TMI 6 - DELHI High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=9078</link>
    <description>In an amalgamation proceeding, the company court&#039;s power to issue incidental, consequential or supplemental directions is confined to matters necessary to ensure the scheme is fully and effectively carried out. Applying ejusdem generis, directions requiring the transferee-company to pay the transferor-company&#039;s pre-existing tax liability were treated as enforcement of liabilities, not as steps necessary to complete the amalgamation, and the court held that Section 392 of the Companies Act, 1956 did not turn the company court into a forum for executable decrees in favour of creditors. The petition was therefore not maintainable and outside the court&#039;s jurisdiction, although the Article 137 limitation objection was rejected.</description>
    <language>en-us</language>
    <pubDate>Wed, 19 Dec 1973 00:00:00 +0530</pubDate>
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      <title>1973 (12) TMI 6 - DELHI High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=9078</link>
      <description>In an amalgamation proceeding, the company court&#039;s power to issue incidental, consequential or supplemental directions is confined to matters necessary to ensure the scheme is fully and effectively carried out. Applying ejusdem generis, directions requiring the transferee-company to pay the transferor-company&#039;s pre-existing tax liability were treated as enforcement of liabilities, not as steps necessary to complete the amalgamation, and the court held that Section 392 of the Companies Act, 1956 did not turn the company court into a forum for executable decrees in favour of creditors. The petition was therefore not maintainable and outside the court&#039;s jurisdiction, although the Article 137 limitation objection was rejected.</description>
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      <pubDate>Wed, 19 Dec 1973 00:00:00 +0530</pubDate>
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