Law: Companies Act, (VII of 1913)

Section: S. 72, read with Ss. 38 & 3

  Companies Act (VII of 1913), S. 72, read with Ss. 38 & 3 ---Act does not provide transference of registered office of company from one sovereign State to another-Company not shifting its registered office from D in Pakistan to C in India prior to 15-8-1947-Court at D in Pakistan has jurisdiction to hear appli cation under S. 38.   Section 3 of the Companies Act, 1913 provides that the Court having jurisdiction under the Act shall be the High Court having jurisdiction in the place at which the registered office of the company is situate. The Companies Act, 1913 does not provide for the transference of the registered office of a company governed by its provisions, from one country to another. All that the Act permits is the movement of the registered office of the company within the same sovereign State from Province to Province or District to District. If the removal of the registered office is from the jurisdiction of one High Court to the jurisdiction of another, within the same country, the company has to obtain permission from the High Court within whose jurisdiction the registered office was situate. Where it is found that a company having its registered office at a place in Pakistan did not shift its registered office to a place in India prior to the 15th August 1947, the High Court in Pakistan, within whose jurisdiction the original registered office was situate, has jurisdiction to try an application under section 38 of the Companies Act, 1913.   Confession-Made in Martial Law case-Not proved in terms of Evidence Act (I of .1872), it, case under Companies Act (VII of 1913)-Court refrained from taking into consideration such statement.   Companies Act (VII of 1913), S. 72 read with S. 12 Situation or change of registered office-Not matter of ordinary con sequence, or of discretion of Directors--Notice of situation or change of registered office--Cannot be made by any collateral documents.   Section 72 of the Companies Act, 1913 shows that the situation or change of address of the company is not a matter of ordinary consequence or a matter of pleasure of the Directors. This is made more clear by the provisions of section 12…