| Case ID |
43c969b2-e8e7-415b-9b71-e6524965a00f |
| Body |
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| Case Number |
Matter No. 10 of 1960 |
| Decision Date |
Jul 20, 1961 |
| Hearing Date |
Jun 22, 1961 |
| Decision |
The Dacca High Court ruled that the Chittaranjan Cotton Mills, Ltd. had not transferred its registered office from Dacca to Calcutta prior to the partition of India on August 15, 1947. The court found that the jurisdiction to hear the application under section 38 of the Companies Act rested with the Dacca High Court since the registered office remained in Dacca. The court emphasized that a company's registered office cannot be transferred from one sovereign state to another and that proper procedures under the Companies Act must be adhered to for such changes. The court ordered the company to rectify the share register to reflect the petitioner's ownership of shares, as the transfer was valid and legally executed. The case highlighted the importance of proper documentation and adherence to legal procedures in corporate governance and share ownership. |
| Summary |
This case revolves around the jurisdiction of the Dacca High Court regarding the registered office of Chittaranjan Cotton Mills, Ltd. The court examined whether the company had legally transferred its registered office from Dacca to Calcutta before August 15, 1947. The Companies Act (VII of 1913) stipulates that a registered office cannot be moved from one sovereign state to another without following prescribed legal protocols. The court found that the company did not follow these protocols and that the registered office remained in Dacca. This decision is crucial for corporate governance, emphasizing the importance of maintaining accurate records and adhering to legal requirements. The ruling confirmed the court's jurisdiction under the Companies Act and directed the rectification of the share register to reflect the petitioner's rightful ownership of shares. This case serves as a significant precedent in matters concerning corporate law and the jurisdiction of courts over corporate entities. |
| Court |
Dacca High Court
|
| Entities Involved |
Province of East Pakistan,
Chittaranjan Cotton Mills, Ltd.
|
| Judges |
B. A. Siddiky
|
| Lawyers |
Asrarul Hossain,
M. A. Rab,
A. K. Brohi,
Afzalul Huq,
K. M. Subhan,
A. H. Mirza
|
| Petitioners |
Sakhawat Hossain
|
| Respondents |
Chittaranjan Cotton Mills, Ltd. Dacca,
Province of East Pakistan
|
| Citations |
1962 SLD 15,
1962 PLD 176
|
| Other Citations |
Not available
|
| Laws Involved |
Companies Act, (VII of 1913)
|
| Sections |
72,
38,
3,
12
|