TaxTMI 
TaxTMI 
2007 (8) TMI 798
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....No. 1028, with manufacturing date August, 2000 and expiry date November, 2002 was collected by the Drug Inspector (complainant) from the premises of Sarvanand Hospital in the presence of the proprietor of the hospital. 3. On 21.9.2000, one sealed sample portion of the said drug was forwarded to the Government Analyst, Central Indian Pharmacopocia Laboratoray, Ghaziabad, U.P. 4. On analysis the sample of the drug was found to be not of standard quality. 5. The manufacturing firm in its letter dated 7.11.2001 stated that it did not accept the Government Analyst's report and intend to adduce evidence in controversion of Government Analyst's report as provided under Section 25(3) of the Act and requested that sample be sent to Centra....
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.... Complainant is public servant his statement is dispensed with. Issue summons of the complaint to the accused persons for 3.5.2004. MM, Delhi 8.12.2003 9. Learned senior Counsel for the petitioner submitted that the summoning order is based on non-application of judicial mind by the learned Metropolitan Magistrate. He further submitted that learned Metropolitan Magistrate failed to note that M/s. Rhone-Poulene (India) Ltd. and Nicholas Piramal India Ltd. are two different companies. That the effect of amalgamation between the 2 companies is that M/s. Rhone-Poulene (India) Ltd. is no longer in existence. That since the offence was committed by M/s. Rhone-Poulene (India) Ltd. (transferor company), petitioner which is an entity separate f....
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....n Re Walker's Settlement (1935) 1 Ch. D. 567, 'amalgamation' was defined as under: The word 'amalgamation' has no definite legal meaning. It contemplates a state of things under which 2 companies are so joined as to form a third entity or one company is absorbed into and blended with another company. 13. In the decision reported as Nokes v. Doncaster (1940) 3 All E.R. 549, it was held that a contract of personal service previously existing between an individual and the transferor company, does not automatically becomes a contract between the individual and the transferee company. With reference to Section 154 of the English Companies Act 1929, it was opined as under: Section 154 contemplates - or, at any rate, provi....
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....allow actions to continue would be to continue the existence of the corporation pro hac vice. But corporations exist for specific purposes, and only by legislative act, so that if the life of the corporation is to continue even only for litigating purposes it is necessary that there should be some statutory authority for the prolongation. 16. In the decision reported as American Exch. Bank v. Mitchell 179 III. App. 612, 615, 616, it was held that after a corporation is dissolved, it is incapable of maintaining an action; and that all such actions pending at the time of dissolution abate, in the absence of a statute to the contrary. 17. In the decision reported as General Radio and Appliances Co. Ltd. v. M.A. Khader (dead) by LR's , th....