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M.R.M. Ramasawmy Chetty Vs. V.S. Chengalroya Pillai - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Reported inAIR1926Mad380
AppellantM.R.M. Ramasawmy Chetty
RespondentV.S. Chengalroya Pillai
Excerpt:
- .....of the business to certain shares allotted otherwise than in cash. the petitioner thought that the contract entered into before the company was registered would be sufficient; but the registrar demanded a contract entered into by the company, and since such a contract was not in writing he called for prescribed particulars under section 104(2). instead of furnishing these duly stamped the petitioner produced the previous contract ratified at a meeting of the directors. the registrar held that this was not a compliance with his demand, and prosecuted the petitioner under section 104(3). he has been fined rs. 100. hence the petition. i do not think that this ratification by the board of directors can be described as a contract in writing constituting the title of the allottee and in the.....
Judgment:
ORDER

Jackson, J.

1. Petition to revise the judgment and sentence of the 2nd Presidency Magistrate in C.C. 20052 of 1924.

2. The petitioner sold his business to certain persons under a contract dated 1st October 1922. On 7th October 1922 these persons registered themselves, as a company. The company furnished a return of allotment of shares under Section 104, Act 7 of 1913. The Registrar acting under Section 104(B) called for the contract1 in writing entitling the vendor of the business to certain shares allotted otherwise than in cash. The petitioner thought that the contract entered into before the company was registered would be sufficient; but the Registrar demanded a contract entered into by the company, and since such a contract was not in writing he called for prescribed particulars under Section 104(2). Instead of furnishing these duly stamped the petitioner produced the previous contract ratified at a meeting of the directors. The Registrar held that this was not a compliance with his demand, and prosecuted the petitioner under Section 104(3). He has been fined Rs. 100. Hence the petition. I do not think that this ratification by the Board of Directors can be described as a contract in writing constituting the title of the allottee and in the absence of any such contract in writing the petitioner was bound to furnish the prescribed particulars duly stamped. There is therefore no ground for revision. The petition is dismissed.


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