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1 - 9 of 9 (0.18 seconds)Section 38 in Indian Companies Act, 1913 [Entire Act]
Indian Companies Act, 1913
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Article 23 in Constitution of India [Constitution]
Section 58 in Indian Companies Act, 1913 [Entire Act]
Section 100 in Indian Companies Act, 1913 [Entire Act]
Article 22 in Constitution of India [Constitution]
Amrita Lal Ghose vs Shrish Chunder Chowdhry And Ors. on 19 June, 1899
7. As to the first ground I have no hesitation in coming to the conclusion that the proviso applies to the section generally and not only to the last sub-section. The corresponding proviso to Section 58 of the Indian Companies Act of 1882 has been held to be applicable to the whole section in Amrita Lal Ghose v. Shrisk Chunder Chowdhry (1899) I.L.R. 26 Cal. 944; and it seems to me that the position of the proviso with reference to the subsections in the new Act is all the more favourable to this construction. Besides, I am unable to appreciate the significance of this contention in this particular case, as under Sub-section (3) the Court " generally may decide any question necessary or expedient to be decided for the rectification of register". It is not possible to suggest that the question decided by the lower Court was not necessary for the rectification of register.
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