Skip to content


Judgment Search Results Home > Cases Phrase: memorandum of association companies act Page 1 of about 21,434 results (0.337 seconds)

Nov 19 1965 (HC)

Juggi Lal Kamlapat Jute Mills Co. Ltd. Vs. the Registrar of Companies

Court : Allahabad

Reported in : AIR1966All417

..... including acquisition of the requisite raw materials either by cultivation, purchase, processing or otherwise.' as provided in section 17 of the companies act, 1956, alteration to the memorandum of association with respect to the objects of the company does not take effect until, and except in so far as, it is confirmed by the court on petition. the present ..... accepted.9. the petition is apparently governed by clause (d) of section 17(1) of the companies act, 1956, whereunder a company can, by special resolution, alter the provisions of its memorandum of association with respect to the objects of the company 'to enable it to carry on some business which under existing circumstances may conveniently or advantageously be combined ..... petition under section 17 of the companies act, 1956, of juggilal kamlapat jute mills company, limited, (to be referred hereinafter as the company) for confirmation of the alteration to the memorandum of association of the company.2. the company was registered on the 7th of february 1931, under the provisions of the indian companies act, 1913, as a company limited by shares with its registered ..... plant and machinery for producing reclaim rubber under belgium credit.4. the company held an extraordinary general meeting on september 30, 1964, and in accordance with the companies act, 1956, unanimously passed the following by a special resolution:'resolved that the memorandum of association of the company be altered by adding a new clause 4 (a) as specified below .....

Tag this Judgment!

Jul 06 1979 (HC)

Vasant Investment Corporation Ltd. Vs. Official Liquidator, Colaba Lan ...

Court : Mumbai

Reported in : [1981]51CompCas20(Bom)

..... ultra vires either the memorandum of association of the company or the provisions of the companies act. once the company is reconstituted, it will be open to the company to carry on such business as its memorandum of association warrants; and it would be open to the company - as it is open to any other company - to get its memorandum of association altered in accordance with ..... whole purpose of s. 391 is to reconstitute the company without the company being required to make a number of applications under the companies act for various alterations which may be required in its memorandum and articles of association for functioning as reconstituted company under the scheme (vide maneckchowk and ahmedabad ., in re [1970] 40 com ..... required a special procedure to be followed by virtue of r. 95 of the companies (court) rules. in the absence of r. 85, procedure for alteration in the memorandum and articles of association of a company prescribed under other provisions of the companies act is not required to be followed before sanctioning a scheme involving such alterations. the ..... business (whether indicated in the explanatory statement or otherwise) the company will act in accordance with the provisions of the companies act and if necessary will take steps for amendment of memorandum of association of the company in accordance with law.' 14. the clause, therefore, contemplates that the company will continue to carry on the business which it was doing .....

Tag this Judgment!

Sep 21 1967 (HC)

Commissioner of Income-tax, Bombay City I Vs. Cotton Textiles Export P ...

Court : Mumbai

Reported in : [1968]67ITR539(Bom)

..... trade, commerce and industry is certainly an object of general public utility within the meaning of section 4 (3) (i) of the act and the assessee was under a legal obligation both under the companies act as well as its memorandum of association and the licence issued by the government to spend or accumulate its income for a public charitable purpose or objects of general ..... )-cl/54 dated september 24, 1954, promulgated under their powers under section 26 of the indian companies act. 3. the reason for the exemption is found in the objects and purposes for which the council was established. its principal general object, as stated in its memorandum of association, so to be promote, support, protect, maintain and increase the export of cloth and yarn, but ..... which is its property. if this contention is correct, then it is further submitted that there can be also no doubt upon the terms of its memorandum of association and its purposes and objects that this company was holding the business in trust for charitable purposes. 17. the question directly arose for consideration in a case from this court in j. k. trust ..... the managing agency which the trust had acquired was itself the trust property, whereas in the present case, the business as such of the company has never been declared to be a trust, whether one considers the memorandum of association of the assessee or the term of the licence granted by the government of india. he, therefore, urged that the principle of the .....

Tag this Judgment!

Apr 22 1993 (HC)

Karnataka Bank Ltd. Vs. A.B. Datar and Others

Court : Karnataka

Reported in : [1994]79CompCas417(Kar); 1993(2)KarLJ230

..... ltd. : 1986(8)ecc189 , the supreme court has observed as under (at pages 631, 635) : 'a company is, in some respects, an institution like a state functioning under its 'basic constitution' constituting of the companies act and memorandum of association. carrying the analogy of constitutional law a little further, gower describes 'the members in general meeting' and the directorate ..... as the two primary organs of a company and compares them with the legislative and the executive organs of a parliamentary ..... such a right is not circumscribe by the provisions of section 188 of the companies act. 9. there is no provision in the articles of association of the first defendant bank or in the companies act requiring the minutes to be confirmed before they are acted upon. implementation of the decisions of the board of directors cannot be deferred ..... taken in gopal vyas' case : air1990cal45 . section 9 of the companies act provides that the provisions of the act shall have an overriding effect on the memorandum or articles of a company. therefore, despite the submission that the article of the appellant-company make section 188 of the companies act applicable to circulation of members' resolutions prima facie, the finding recorded .....

Tag this Judgment!

Jul 10 2008 (HC)

Vijay Baburao Thakar and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2008(6)MhLj344

..... ). the additional chief secretary of finance made a recommendation to the government that the two transport undertakings should be merged by forming a new company under the companies act, 1956 and accordingly draft memorandum of association was prepared. both the corporations passed a resolution showed their willingness for merger of their transport undertakings.7. on the above aforesaid background, ..... to merge the two undertakings, the government after taken into consideration the recommendation made by the two undertakings thought it fit and proper to form a new company under the companies act. the said decision, therefore, cannot be faulted and this court cannot interfere in the policy decision taken by the government while exercising its writ jurisdiction ..... of the said board of directors, therefore, clearly allays the apprehension and fear expressed by the petitioners about mismanagement and misappropriation on the formation of the alleged company under the companies act. therefore, there is no substance in the submission made by the learned counsel appearing on behalf of the petitioners that the government erred in issuing the ..... the factors and the proposals of the commissioners granted approval to the two resolutions passed by the pune municipal corporations for merging the two undertakings under the indian companies act. in the said government resolution, the composition of the permanent board of director was also laid down. the composition of the board of director is as .....

Tag this Judgment!

Dec 19 1985 (SC)

Life Insurance Corporation of India Vs. Escorts Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1986SC1370; [1986]59CompCas548(SC); (1986)1CompLJ91(SC); 1986(8)ECC189; 1985(2)SCALE1289; (1986)1SCC264; [1985]Supp3SCR909

..... to which the majority of the share-holders were opposed. that is not how corporate democracy may function.97. a company is, in some respects, an institution like a state functioning under its 'basis consisting' consisting of the companies act and the memorandum of association. carrying the analogy of constitutional law a little further, gower describes 'the member in general meeting' and the directorate as ..... the two primary organs of a company and compares them with the legislative and the executive organs of a parliamentary democracy where legislative ..... obligation so basic that if broken, the conclusion must be that the association must be dissolved.102. thus, we see that every shareholder of a company has the right, subject to statutorily prescribed procedural and numerical requirements, to call an extraordinary general meeting in accordance with the provisions of the companies act. he cannot be restrained from calling a meeting and he is not .....

Tag this Judgment!

Jan 13 2005 (HC)

Paharpur Cooling Towers Ltd. Vs. Collector and ors.

Court : Allahabad

Reported in : 2005(3)ESC1676

..... 20. in paragraph 95 of the aforesaid decision the supreme court also described what a company is and the relevant portion is reproduced below :'a company is in some respects, an institution like a state functioning under its 'basic constitution' consisting of the companies act and the memorandum of association. carrying the analogy of constitutional law a little further, gower describes 'the members in ..... general meeting' and the directorate as the two primary organs of a company and compares them with the legislative and the executive organs of a parliamentary democracy where ..... the decision taken by the board of directors then in such a situation, recourse could have been taken to the provisions of sections 397/398 or 235 of the companies act and in support of his contention he relied upon the decisions of the supreme court in the case of sri ramdas motor transport ltd. and ors. v. tadi ..... was amended in the year 1991 and the filing of the appropriate application before the 'court' was substituted by filing of the application before the 'company law board'.29. thus when the companies act provided for an effective remedy to the petitioners, we see no good reason to entertain the petitions filed on behalf of the minority shareholders alleging oppression .....

Tag this Judgment!

Nov 19 1965 (HC)

Juggilal Kamlapat Jute Mills Co. Ltd. Vs. Registrar of Companies

Court : Allahabad

Reported in : [1967]37CompCas20(All)

..... of the requisite raw materials either by cultivation, purchase, processing or otherwise. ' 5. as provided in section 17 of the companies act, 1956, alteration to the memorandum of association with respect to the objects of the company does not take effect until, and except in so far as, it is confirmed by the court on petition. the present petition ..... accepted.11. the petition is apparently governed by clause (d) of section 17(1) of the companies act, 1956, whereunder a company can, by special resolution, alter the provisions of its memorandum of association with respect to the objects of the company :' to enable it to carry on some business which under existing circumstances may conveniently or advantageously be combined ..... petition under section 17 of the companies act, 1956, of juggilal kamlapat jute mills company limited (to be referred hereinafter as the company) for confirmation of the alteration to the memorandum of association of the company.2. the company was registered on the 7th of february, 1931, under the provisions of the indian companies act, 1913, as a company limited by shares with its registered ..... plant and machinery for producing reclaim rubber under belgium credit.)4. the company held an extraordinary general meeting on september 30, 1964, and, in accordance with the companies act, 1956, unanimously passed the following by a special resolution :' resolved that the memorandum of association of the company be altered by adding a new clause 4(a) as specified below .....

Tag this Judgment!

Oct 31 1994 (TRI)

Deputy Commissioner of Vs. A.P. State Textiles Development

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1995)53ITD142(Hyd.)

..... . we are in agreement with the commissioner (appeals) on this issue, namely, that the character of the corporation is to be determined with reference to its memorandum and articles of association. a company incorporated under the companies act has a separate legal entity, than its shareholders. the premier case on this issue is the case of solomon v. solomon & co. ltd. wherein the entire shareholding ..... might be charitable, it was not translated into reality through the instrumentality of the assessee corporation. it being a company, under the companies act, is governed by its memorandum of association and articles of association which nowhere binds it, to the avowed objects contained in the memorandum of association. he referred to the supreme court decision in the case of heavy engineering mazdoor union v. state of bihar ..... other legal obligation" appearing in explanation 1 to section 13.the assessee is incorporated under the companies act as a private limited company. its legal obligations are contained in its memorandum of association and articles of association. if therefore, any legal obligation is there in its memorandum of association or articles of association which is wholly for charitable purpose, it would enjoy the exemption under section 11 of the .....

Tag this Judgment!

Mar 03 1909 (PC)

N.P.N.M. Chithambaram Chettiar Vs. Krishna Aiyengar and ors.

Court : Chennai

Reported in : 1Ind.Cas.803

..... in the memorandum of association apply to this condition also. vide ashbury v. watson 30 ch. d. 376. but ex ..... , ex. x, does not alter the memorandum of association. it is no doubt true that although the condition inserted in the memorandum of association that the appellant and another, his heirs, etc., shall be secretaries of the bank is not of the things which under section 8 of the indian companies act of 1882 a memorandum of association is bound to contain, nevertheless the restrictions ..... placed by section 12 of the act upon modification of the conditions contained ..... powers, etc., of the secretary, must be read as part of the memorandum of association. in support of this contention the following passage from lindley on companies, vol. i, sixth edition, page 163, is quoted. 'if the memorandum is ambiguous or silent on a matter which the act does not require to be stated therein, contemporaneous articles may be looked at .....

Tag this Judgment!


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