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Registration - pvt ltd co

(Querist) 13 October 2013 This query is : Resolved 
IS IT POSSIBLE TO REGISTER A PVT LTD COMPANY FOR PLANTATION/FARMING PURPOSE IN THE STATE OF MAHARASHTRA ?
prabhakar singh (Expert) 13 October 2013
Unless land law there in the state of Maharashtra specifically prohibits for ,there should be no issue at all.Either consult a local revenue lawyer or wait for replies from M/S VR SHROFF & AJAY SETHI as both of them are from Maharashtra.
ajay sethi (Expert) 13 October 2013
he

purpose of the Bombay Tenancy Act, 1948 is to ensure holding of agricultural land by tenants, labourers and agricultural land holders. Agriculturist as defined in sec.2 (2) of the Act means a person who cultivates land personally; and under section 2 (6) to cultivate personally means to cultivate land on one's own account by one's own labour, or by the labour of any member of one's family, or under the personal supervision of oneself or any member of one's family by hired labour or by servants on wages payable in cash or kind but not in crop share. According to section 2 (5), to cultivate with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce, whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon.





Since

the word person is defined in section 2 (11) of the Act, its definition as given in the Bombay General Clauses Act, 1904 could not be applied and a company constituted as a juristic person under the Companies Act cannot be considered to be an agriculturist. Having regard to this legal provision, there is no provision under section 63 of the Act for acquisition of agricultural land by companies as non-agriculturist. The District Collectors, Prant Officers, Taluka Mamlatdars and Agricultural Tribunals have to proceed accordingly, keeping in view the aforesaid provisions.
ajay sethi (Expert) 13 October 2013
ujarat High Court

State vs Prathmesh on 31 August, 2010

Author: D.H.Waghela,&Nbsp;Honourable Mr.Justice Bankim.N.Mehta,&Nbsp;

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Print



LPA/932/2000 23/ 25 JUDGMENT



IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

LETTERSPATENT APPEAL No. 932 of 2000

In

SPECIALCIVIL APPLICATION No. 1491 of 1999

For

Approval and Signature:

HONOURABLE

MR.JUSTICE D.H.WAGHELA

Sd/-





hONOURABLE

MR.JUSTICE BANKIM.N.MEHTA Sd/-

=========================================================

STATEOF GUJARAT & 2 - Appellant(s)

Versus

PRATHMESHFARMS PVT. LTD. & 1 - Respondent(s)

========================================================= Appearance

:

MR

CB UPDHYAYA ASSTT GOVERNMENT PLEADER for

Appellants : 1 - 3.

MR AJ PATEL for Respondent : 1, MR AB

MUNSHI for Respondent: 2, MR ASPI M KAPADIA as

Intervener.

=========================================================

CORAM

:

HONOURABLE

MR.JUSTICE D.H.WAGHELA
and

HONOURABLE

MR.JUSTICE BANKIM.N.MEHTA
Chandy Thomas (Querist) 13 October 2013
THANKS FOR THE ANSWERS

COULD YOU PLS ADVISE IN WHICH WAY THE BELOW COMPANIES REGISTERED IN INDIA

1. HARRISON MALAYALAM - RP GOENKA COMPANY (PLANTATON)
2. ASSAM COMPANY - TEA PLANTATION
3. TATA TEA LTD. - TEA PLANTATION
Devajyoti Barman (Expert) 13 October 2013
You are a businessman.
So take professional help for a commercial query.
Chandy Thomas (Querist) 13 October 2013
I AM NOT A BUSINESS MAN, JUST THINKING TO DO SOMETHING
Guest (Expert) 13 October 2013
Mr. Chandy Thomas,

The experts here are meant to solve the problem, if you actually face any, not to tutor you on the processes for opening & running a business.

Even if you are not a businessman, but want to do something, still you would not be able to do something at your own without hiring services of some advocate, CA or a Company Secretary, as the process is quite long for you to bear with along with your service as an accountant.

Still further, you should not expect the experts to hold a law class for you to teach company laws step by step from time to time to guide you how and why you should proceed in which direction or to go to which office for accomplishment of which step of the process. You should come here only when you get some problem in the process of registering your company or after commencement of your business.

Even otherwise also, you are an accountant and cannot do any business or own a company unless you retire or resign from service.
Rajendra K Goyal (Expert) 13 October 2013
Consult a local lawyer.
Chandy Thomas (Querist) 13 October 2013
CAN I GET THE TEL PH & ADDRESS OF A LOCAL LAWYER BASED ON RATNAGIRI DIST
Rajendra K Goyal (Expert) 13 October 2013
Search database of LCI or visit local court.
Raj Kumar Makkad (Expert) 14 October 2013
No one lawyer from Ratnagiri seems active on this site so better to search on google.
Sarvesh Kumar Sharma Advocate (Expert) 15 October 2013
I think you should personaly visit to contact lawyer.
Sarvesh Kumar Sharma Advocate (Expert) 15 October 2013
I think you should personaly visit to contact lawyer.
Sarvesh Kumar Sharma Advocate (Expert) 15 October 2013
I think you should personaly visit to contact lawyer.


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