SooperKanoon Citation | sooperkanoon.com/815228 |
Subject | Company |
Court | Chennai High Court |
Decided On | Nov-27-1957 |
Reported in | (1958)2MLJ141 |
Appellant | Krimens Oil Mills (Private) Ltd. |
Respondent | Registrar of Companies |
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court'include - APP/View/Case/amp.ctp, line 120 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court'include - APP/View/Case/amp.ctp, line 120 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court'include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]ordersubrahmanyam, j.1. the petitioner-company passed a special resolution so as to have clause (2) of its memorandum of association altered as follows:the registered office of the company will be situate at pondicherry.2. the company's registered office is at present in the city of madras.3. a resolution altering the provisions of the memorandum cannot take effect, under section 17(2) of the indian companies act, 1956, until such resolution is confirmed by the court on petition. the petitioner-company seeks confirmation of the alteration. the power which a company has to alter the provisions of the memorandum is defined in section 17(1). the part of section 17(1) relevant to the present petition is this:a company may, by special resolution, alter the provisions of its memorandum so as to.....Code Context}
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court'include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Subrahmanyam, J.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The Registered Office of the Company will be situate at Pondicherry.
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. The company's registered office is at present in the city of Madras.
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
State shall mean a Part A State, a Part B State, or a Part G State.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
6. The petition is dismissed with costs.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p style="text-align: justify;">Subrahmanyam, J.</p><p style="text-align: justify;">1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p style="text-align: justify;">The Registered Office of the Company will be situate at Pondicherry.</p><p style="text-align: justify;">2. The company's registered office is at present in the city of Madras.</p><p style="text-align: justify;">3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p style="text-align: justify;">A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p style="text-align: justify;">4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p style="text-align: justify;">State shall mean a Part A State, a Part B State, or a Part G State.</p><p style="text-align: justify;">5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p style="text-align: justify;">6. The petition is dismissed with costs.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'krimens-oil-mills-private-ltd-vs-registrar-companies', 'args' => array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) ) $title_for_layout = 'Krimens Oil Mills Private Ltd Vs Registrar of Companies - Citation 815228 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '815228', 'acts' => '', 'appealno' => '', 'appellant' => 'Krimens Oil Mills (Private) Ltd.', 'authreffered' => '', 'casename' => 'Krimens Oil Mills (Private) Ltd. Vs. Registrar of Companies', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => '', 'counseldef' => '', 'court' => 'Chennai', 'court_type' => 'HC', 'decidedon' => '1957-11-27', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => '', 'judgement' => 'ORDER<p>Subrahmanyam, J.</p><p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:</p><p>The Registered Office of the Company will be situate at Pondicherry.</p><p>2. The company's registered office is at present in the city of Madras.</p><p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:</p><p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.</p><p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:</p><p>State shall mean a Part A State, a Part B State, or a Part G State.</p><p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.</p><p>6. The petition is dismissed with costs.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => '(1958)2MLJ141', 'ratiodecidendi' => '', 'respondent' => 'Registrar of Companies', 'sub' => 'Company', 'link' => null, 'circuit' => null ) ) $casename_url = 'krimens-oil-mills-private-ltd-vs-registrar-companies' $args = array( (int) 0 => '815228', (int) 1 => 'krimens-oil-mills-private-ltd-vs-registrar-companies' ) $url = 'https://sooperkanoon.com/case/amp/815228/krimens-oil-mills-private-ltd-vs-registrar-companies' $ctype = ' High Court' $content = array( (int) 0 => 'ORDER<p>Subrahmanyam, J.', (int) 1 => '<p>1. The petitioner-company passed a special resolution so as to have clause (2) of its Memorandum of Association altered as follows:', (int) 2 => '<p>The Registered Office of the Company will be situate at Pondicherry.', (int) 3 => '<p>2. The company's registered office is at present in the city of Madras.', (int) 4 => '<p>3. A resolution altering the provisions of the memorandum cannot take effect, under Section 17(2) of the Indian Companies Act, 1956, until such resolution is confirmed by the Court on petition. The petitioner-company seeks confirmation of the alteration. The power which a company has to alter the provisions of the memorandum is defined in Section 17(1). The part of Section 17(1) relevant to the present petition is this:', (int) 5 => '<p>A company may, by special resolution, alter the provisions of its memorandum so as to change the place of its registered office from one State to another.', (int) 6 => '<p>4. The word 'State' is not defined in the Indian Companies Act. The word 'State' is defined in the General Clauses Act I of 1897 as follows:', (int) 7 => '<p>State shall mean a Part A State, a Part B State, or a Part G State.', (int) 8 => '<p>5. After the enactment of the States Reorganisation Act and the amendments consequently made in the Constitution, the definition of a 'State' in the General Clauses Act would have to be read as including States and territories of the Indian Union. The territory of India, under Article 1 (3) of the Constitution, comprises the territories of the States, the Union territories specified in the First Schedule, and such other territories as may be acquired. No territory can be said to be acquired by the Indian Union until the Indian Union acquires sovereignty over such territory. The Registrar of Companies states in the affidavit filed by him that ' Pondicherry has not yet been merged dejure into India.' That proposition is not disputed by the learned Counsel for the petitioner. Pondicherry is therefore not yet territory which has been acquired by the Indian Union. The power granted to a company by Section 17 of the Indian Companies Act to alter the provisions of its memorandum so as to change the place of its registered office from one State to another does not include a power to alter its registered office from a place in the Indian Union to a place outside the Union. In this particular case, the petitioner-company's power under Section 17(r) validly to pass a special resolution altering the place of its registered office does not include a power to pass a resolution altering its registered office from Madras to Pondicherry. This Court cannot therefore sanction the alteration.', (int) 9 => '<p>6. The petition is dismissed with costs.<p>', (int) 10 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 11 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109