Skip to content


Judgment Search Results Home > Cases Phrase: articles of association companies act Page 1 of about 48,405 results (0.150 seconds)

Nov 14 1994 (HC)

In Re: Mafatlal Industries Ltd.

Court : Gujarat

Reported in : [1995]84CompCas230(Guj)

..... these shareholders are different from the other shareholders ?' is required to the applied. in the present case in view of the provisions of the articles of association as well as the provisions of the companies act and rules there is no justification for holding that a group of shareholders which is described as the minority shareholders or the mhm group constitutes ..... court examined the various provisions of the companies act and rules. in this context, the supreme court held that under the companies act or the transfer of property act, the shares are transferable like any other movable property. the only restriction on the transfer of shares in the company can be as laid down in its articles of association, if any. the restriction which is ..... not specified in the articles is, therefore, if any. the restriction ..... question was as regards transfer of shares of a company in the context of section 82 of the companies act, 1956. sawant j., speaking for the court, formulated a question as to whether the shareholders can among themselves enter into an agreement which is contrary or inconsistent with the articles of association of the company. before the supreme court, the third defendant was .....

Tag this Judgment!

Mar 19 2001 (HC)

S.A. Padmanabha Rao Vs. Union theatres (P.) Ltd.

Court : Karnataka

..... in dispute that the appellants are not shareholders of the defendant-company union theatres ltd.7. the defendant-company was incorporated under the mysore companies act no. 18 of 1938, with the object stated in the memorandum of association. the articles of association provide various clauses in the matter of business of the company. article 7 which is relevant for the present purpose reads as ..... under :'article 7.--no transfer of shares shall be made to any ..... person other than the shareholder (member) of the company. such ..... the purchaser has to do something more, viz., apply to the company for transfer, registration and it is at that point of time the company is guided by its articles of association and may accept or reject.'12. the learned judge has also concurred with the view of acting chief justice batchelor of the bombay high court in manilal brijalal's .....

Tag this Judgment!

Mar 04 1912 (PC)

Canji Cursondas Vs. the Colaba Press Company Limited

Court : Mumbai

Reported in : (1912)14BOMLR521

..... considerably more detail as covering many points which would not arise if this article belonged really to the articles of association.3. i will, however, briefly indicate the more salient features of the argument as a whole. in the present companies act vi of 1882, section 249 provides that no company registered under that act has any power to buy its own shares, but section 2, clause ..... petitioned to be registered as a company with limited liability under that act and the partnership agreement became, after registration, the equivalent of memorandum and articles of association.2. the article in dispute provides that where any proprietor wishes to dispose of his shares, he must notify the ..... of the memorandum or of the articles of association because whether that article should properly belong to the memorandum or to the articles of association is one of the chief points in dispute. for the purpose of this preliminary argument it may be taken that the defendant-company originated in the second partnership deed of 1858 and that when the companys act of 1866 was passed, that partnership .....

Tag this Judgment!

Mar 11 1969 (HC)

Raghuvanshi Mills Ltd. Vs. Commissioner of Income-tax, Bombay

Court : Mumbai

Reported in : [1969]74ITR823(Bom)

..... the public limited companies and the articles like 55 in the articles a of association in the assessee-company is to be found in the article of isooctane of nearly all public limited companies, as a matter of fact it is one of the standard articles of association prescribed under the companies act itself. the intention on providing such article in the article of association of a company, having regard ..... to the normal feature of the company that it ..... shares, are freely transferable, is not top affect the general transferability of the shares. its purposes is to arm the director of to company with power to ..... of which are freely transferable to other members of the public within to manning of section 23a of the income-tax act. 7. now, it may be pointed out that the article of association of the assessee-company do not contain any restriction on the transfer of share by one shareholder to another such as to be fond, as .....

Tag this Judgment!

Sep 16 1955 (HC)

Shiv Omkar Maheshwari Vs. Bansidhar Jagannath

Court : Mumbai

Reported in : AIR1956Bom459; (1956)58BOMLR3; ILR1956Bom100

..... , however, the alleged contract was not reduced to writing and the case for the respondent-is that, though the contract is oral, it is nevertheless subject to the articles of association because under section 21, companies act, the articles of association must be taken to constitute an agreement in writing between the appellant and the respondent inter se as they are both members of the said ..... refer to some of the english decisions bearing on this point.21. section 20, english companies act in general corresponds to section 21, indian companies act in 'pritchard's case' (1873) 8 ch. a. 956 (m), mellish, l. j. has taken the view that in themselves the articles of association are simply a contract aa between the shareholders inter se in respect of their rights as ..... we prefer to accept with respect, the view taken by mr. justice bhagwati in 'mohanlal's case (g)'.if the provisions of section 21, sub-section (1), companies act, are literally construed and it is held that a contract resulting from the articles of association between members inter se is not subject to any artificial limitation that its application is confined only to the ..... in law constitute a valid arbitration agreement as a result of the provisions of section 21, companies act.7. it would, we think be convenient to deal with this latter argument first and that would naturally take us to the relevant articles of association and bye-laws framed by the east india chamber of commerce. at the hearing of this appeal before us, .....

Tag this Judgment!

Jul 27 1971 (HC)

Laljibhai C. Kapadia Vs. Lalji B. Desai

Court : Mumbai

Reported in : [1973]43CompCas17(Bom)

..... the plaint would show that the main grievance of the plaintiffs was that no resolution was proposed or passed under section 258 of the companies act read with article 169 of the articles of association of the company about increasing the strength of the board of directors. according to the plaintiffs the two resolutions appointing the appellants as directors are not ..... i proceed to consider the various points urged before me, it is desirable to refer to the relevant provisions of the companies act, 1956, and the articles of association of respondent no. 3 - company. 11. section 2(13) of the companies act defines 'director' as any person occupying the position of director, by whatever name called. section 255 provides for the appointment ..... separate resolution will not affect the validity of the resolution appointing them as directors of respondent no. 3-company. they denied that it is mandatory under section 258 of the companies act or under article 169 of the articles of association of the company that before the number of directors is increased, a resolution increasing the number of directors ought to ..... increasing the number of directors under section 258 of the act and article 169 of the articles of association, a resolution ought to have been passed after due compliance with the requirements of the provisions of the companies act. mr. thakkar says that though the plaintiffs have alleged contravention of the companies act, they have by implication referred to the requirements of .....

Tag this Judgment!

Jul 27 1971 (HC)

Laljibhai C. Kapadia and anr. Vs. Lalji B. Desai and ors.

Court : Mumbai

Reported in : AIR1972Bom276; (1972)74BOMLR85; ILR1972Bom917

..... before i proceed to consider the various points urged before me, it is desirable to refer to the relevant provisions of the companies act, 1956 and the articles of association of respondent 3 company.11.section 2(13) of the companies act defines 'director', as any person occupying the position of director by whatever name called. section 255 provides for the appointment of ..... the plaint would show that the main grievance of the plaintiffs was that no resolution was proposed or passed under section 258 of the companies act read with art. 169 of the articles of association of the company about increasing the strength of the board of directors. according to the plaintiffs the two resolutions appointing the appellants as directors are not ..... of any separate resolution will not affect the validity of there solution appointing them as directors of respondent 3 company. they denied that it is mandatory under s. 258 of the companies act or under article 169 of the articles of association of the company that before the bumper of directors is increased, a resolution increasing the number of directors ought to have ..... increasing the number of directors under section 258 of the act and article 169 of the articles of association, a resolution ought to have been passed after due compliance with the requirements of the provisions of the companies act. mr. thakkar says that though the plaintiffs have alleged contravention of the companies act, they have by implication referred to the requirement of an .....

Tag this Judgment!

May 10 1973 (HC)

Shrimati JaIn Vs. Delhi Flour Mills Co. Ltd. and ors.

Court : Delhi

Reported in : [1974]44CompCas228(Delhi); ILR1973Delhi322

..... majority rule, it was held that if a wrong has been done to a company only the company could sue. to this rule itself there are exceptions like the act or resolution complained of being itself illegal or ultra vires, the controllers of the company acting in breach of the articles of association and fraud on the minority being committed. this case was followed in a number ..... of cases including mozley v. alston (court of chancery (1847) 1 ph 790 : 41 e. r. 833). where two shareholders in their individual capacity brought proceedings against the company and members of the board of directors ..... and 79 of the companies act of 1913. the district judge of kanpur had passed an ex parte order directing an annual general meeting of the company which was later on confirmed. the dispute related to the annual general meeting of the company for the year 1946, the last one having taken place on 3-2-1945. according to the articles of association the annual general ..... of the obligation laid down on them by section 497 of the act that the directors had to summon a general meeting every year and the articles of association providing that all the directors retire from office at the ordinary meeting. (18) shri ved vyas, learned counsel for the respondent company, referred to the uncertainty regarding the legal position in support of his .....

Tag this Judgment!

Aug 11 1977 (HC)

Commissioner of Income-tax, Bombay City-ii, Bombay Vs. Juliet M. Fateh

Court : Mumbai

Reported in : [1979]49CompCas112(Bom); [1979]116ITR368(Bom)

..... will have to be answered by having regard to the provisions which are to be found in ss. 114 and 115 of the companies act, 1956, read with relevant articles, viz., arts. 52 and 55 of the articles of association of the company, and having regard to those provisions it seems to us clear that the assessee in the instant case will have to be regarded ..... . 4. on the order hand, mr. dwarkadas appearing for the assessee contended that if the provisions of ss. 114 and 115 of the companies act, particularly sub-s. (5) of s. 115 along with the relevant articles of association of the company, particularly art. 55, were carefully scrutinised, it will appear clear that for all purposes. except certain matters which have been specifically mentioned in ..... fact it was the assessee who was both legal as well as beneficial owner of the shares specified in the share warrants. after referring to ss. 114 and 115 of companies act and after considering the relevant articles of association of the company, namely, arts 52 to 55 he took the view that the assessee owned the shares specified in the share warrants and the ..... the share warrants could be regarded as a shareholder for the purposes of ss. 194 and 199 of the act. in this behalf, the tribunal pointed out that under the relevant provisions of the companies act as well as the articles of association of the company the bearer or holder of a share warrant was entitled to receive the divided and was entitled to all the .....

Tag this Judgment!

Mar 20 1974 (HC)

Baldevdas R. Raheja Vs. the Union of India (Uoi)

Court : Mumbai

Reported in : (1977)79BOMLR581

..... for the petitioners is in the case of in re portuguese consolidated copper mines, limited (1889) l.r. 42 ch.d. 160. in that case the articles of association of the company excluded table 'a' to the companies act, 1862. they, inter alia, provided that shares should be allotted by the directors; that the qualification of a director should be the holding of at least ..... .90. these observations, in my view, show that the power of management of the company is vested in the board of directors as a result of the companies act as well as the articles of association of the company and unless and until the general body by the policy of its articles chooses to take them away, and substitute others more to its taste, the board of ..... provided by sections 291 and 292 of the companies act. section 291 of the said act entitles the board to exercise all such powers and to do all such acts and things as the company is authorised to exercise and do, unless precluded by the act or by the memorandum and articles of association of the company, while section 292 speaks about certain things to be done only at ..... directors in its right continues to manage the affairs of the company. the decisions of the board of directors .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //