Law: Companies Act (VII of 1913)

Section: 247(3),(5),(6)

(a) Companies Act (II of 1913) S. 247-Dissolution of Company-Failure to file Returns in Form E or non-appointment of legal adviser-Held, cannot give cause to Registrar to dissolve Company and strike it off register of Joint Stock Companies-Reasons for return of notices with postal remarks there on and non-reply thereof satisfactorily explained by Company-Return of notices and non-reply thereof also would not conclusively prove that Company was not carrying on business or in operation Notice to Company not published in official Gazette-Name of Company directed to be restored to register of Joint Stock Companies on condition that Company shall file all Returns under Act within three months. Link 1 Link 2 (b) Interpretation of statutes     Word "may"-Ordinarily not to be held to be mandatory Principles deducible from case-law. Link 1 Link 2 Maxwell on Interpretation of Statutes, I lth & 12th Edn. pp. 234-235; B. V. Bishop of Oxford (1879) Q B D 245; M. Noman v. Dacca Improvement Trust and others P L D 1964 Dacca 671: Frederic Guilder Julius v. The Right Rev. The Lord Bhishop of Oxford (1880) 5 A C 214; Reg. v. Tithe Commis sioners 14 Q B 459 (474); Statutory Construction by Crawford, 1940 Edn., p. 520; Kh. Ghulam Qadir v. Tajamal Hussain P L D 1964 Lab. 329; Kurban Hussain Saiauddin v. Ratikant Milkant and another A I R 1959 Bom. 401; Alcock, Ashdown & Co. Ltd. v. Chief Revenue Authority, Bombay A I R 1923 P C 138; Chief Controlling Revenue Authority, Bombay v. Maharastra Sugar Mills Ltd. 49 B L R 893; Rana Afuhammad Jamil v. The Punjab Road Transport Board f' L D 195,7 Lab. l; Commissioner of Income-tax v. Messrs Surridge & Beecheno P L D 1968 Kar. 778; B. v. Bishop of Oxford (1879) 4 Q B D 240; R. v. Barlow (1693) 2 Salk 609 and R. D. C. v. Roberts 1950 K B 716 ref. (c) Companies Act (II of 1913) S. 247(3) & (5)-Dissolution of Company for not carrying on busi ness or not being in operation-Provision of notices to Company Intention of Legislature--To provide safeguards against hasty actions by Registrar-Publication of notice in official Gazette-Word "may" in subsection (3)-Interpretation--Notices sent by…