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1 - 10 of 13 (0.44 seconds)The Companies Act, 1956
Section 48 in The Companies Act, 1956 [Entire Act]
Article 113 in Constitution of India [Constitution]
Article 340 in Constitution of India [Constitution]
Probodh Chandra Mitra vs Road Oils (India) Ltd. And Ors. on 22 November, 1929
4. Mr. Dipankar Gupta on behalf of the appellant contended that the common seal of the company is not necessary for the validity of the document. Assuming that it is required, then according to Mr. Gupta, the affixation of the seal is directory and not mandatory. The seal, according to him, is a method of identification of the person concerned or the company when it is not disputed that it was registered by the proper authority and it cannot invalidate the transaction for not affixing the common seal. Mr. Gupta relied upon the cases reported in AIR 1930 Cal 782 (Probodh Chandra Mitra v. Road Oils (India) Ltd. and Dehra Dun-Mussoorie Electric Tramway Co. Ltd. v. Jagmandar Das, AIR 1932 All 141; [1931] 1 Comp Cas 227. Mr. Gupta further contended that the scope of the second appeal is limited. The plea is that it was not embossed by the common seal. It Was never raised and now it cannot be raised for the first time. It is argued by Mr. Gupta that neither Section 48 of the Companies Act nor Article 42 of the articles of association required the seal of the company.