Law: Companies Act, (VII of 1913)

Section: 2

Letters Patent Appeal No. 5 of 1949, decided on 6th March 1951 under Clause 10 of the Letters Patent from the order of Muhammad Munir, C. J. (Liquidation judge), dated the 17th January 1949, passed in Civil Original Case No. 5 of 1948, dismiss­ing the application on the ground of want of jurisdiction in this Court. (a) Companies Act (VII of 1913), (as adapted f or Pakistan by Adaptation of Central Acts and Ordinances Order, 1949), S. 2-A (a) and (h) and S. 270-Registered Office of Company (registered under Act of 1913), being in India immediately before establishment of Pakistan-Company excluded from definition of "company" or "existing company"-Whether such company an "unregistered company" or a foreign company-jurisdiction. The Companies Act, as adapted for Pakistan, by section 2-A of Adaptation of Central Acts and Ordinances Order, 1949, excludes from the definition of "company" or "existing company" any company which, though registered under the Act of 1913 or the earlier Acts, had, immediately before the establishment of the two Dominions, its registered office at any place outside Pakistan. Such companies after the 15th of August, 1947, would be "unregistered companies" under section 270 of the Act. It should make no difference, that in section 270 of the Act, the expression "existing company" is not used, and instead, reference is made to the Act of 1866 or any Act repealed thereby or the Companies Act of 1882. By reason of the amended section 2-A, a "company", though registered under the Act of 1913 or the Act of 1882, could not, if its registered office was outside Pakistan, be called a "company" or an "existing company" in the Pakistan Dominion, and it would make no sense, that while it would not fall under the definition of "company" or "existing company" under section 2 of the Act, it should still be considered a company recognised by the Dominion of Pakistan as a validly registered company for the purposes of section 270 of the (Pakistan) Companies Act. The setting up of a registered office, by a company in the Indian Dominion, before 15th of August 1947, would, in relation to Pakistan, make it a foreign company. The High Court therefore has…

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