1950 (10) TMI 6

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....rabhat Film Co. Ltd., which is the applicants before me, was presented before the District Judge, Poona, and an objection was taken on behalf of the applicant that the District Court had no jurisdication to entertain the petition. The learned District Judge held that he had such jurisdiction, and it is from that order that this revision application is preferred. Section 3 of the Indian Companie....

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....ication was issued by the Central Government after 1935 the jurisdiction conferred by the notification issued in 1916 by the Local Government had lapsed and the District Court had no jurisdiction. That argument was rejected by the learned District Judge and it has not been pressed before me. What has now been urged is that the proviso to section 3 itself is bad on the ground that it constitutes....

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....at judgment that we contrasted Sections 3 and 4 of that Act. Section 3 set up the City Civil Court and it left it to the Provincial Government to determine the time when that Court should come into existence, and when the Government determined the time it had to issue a notification which would empower the Court to function. We held that the Legislature had exercised its judgment and volition in b....

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....h within its own jurisdiction should exercise jurisdiction under the Companies Act. But it has left it to the Central or the Local Government to empower the District Court with that jurisdiction at such time as it may decide to issue a notification. Therefore, having exercised its mind and judgment, it has left it to the Government to decide the point of time when the District Court should be empo....