Law:

Section:

Companies Act (VII of 1913)- -- Ss. 10 & 12-Amendment in Memorandum of Association-Applica­tion for confirmation-Objects in Memorandum permitting Company inter alia to enter into partnership or arrangement in nature of partnership or union of interest with any person or persons, firm or Company, to become engaged or interested in carrying on conduct of any business or enterprise from which Company would or might derive benefit directly or indirectly-Company already allowed to change its name and sanction to establish jute mills also allowed by Central Government-Alteration in Memorandum sought to be confirmed reading : "to set up a jute Mill and to carry on business of jute milling and other business connected or affiliated there with" ­Held, covered by S. 12(1)(a) and (b) and confirmed. Re : Chittagong Chamber of Commerce P L D 1964 Dacca 666 and Re Anglo American Telegraph Co.-Ltd. 105 L T 947 ref. JUDGMENT GUL MUHAMMAD KHAN, J.-The petitioner is a Private Limited Company, registered under the Companies Act, 1913. In order to enlarge its sphere of work a special resolution was passed, in the meeting of shareholders held on 26th April, 1980 to amend its Memorandum of Association. It was resolved that the following clause may be added to the objects already given;- "To set up a jute mill and to carry on the business of jute milling and any other business which may be connected or affiliated with the business of jute milling." 2. An application was then made under section 10 read with section 12 of the Companies Act to this Court for confirmation. It is stated in the petition that the Company has only three shareholders and no debenture­-holder or a creditor to be affected by the amendment. Public notices have issued in the Pakistan Times and Nawai-Waqt but no one has appeared to resist this application. 3. The Assistant Registrar, who appeared in obedience to a notice issued by this Court raised an objection to say that as the object sought to be included is neither connected nor ancillary to the objects already given, it cannot be added. He particularly relied on section 12(1) of the Act. 4. The learned counsel for the petitioner has placed on record a…

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