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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether a complaint for an offence under section 113(2) of the Companies Act, 1956 could be filed at the place where the complainant resides or only at the place where the company's registered office is situated.
Analysis: Section 113 requires delivery of share certificates in accordance with the procedure laid down in section 53. Section 53 permits service by post to the registered address and contains a deeming provision that service is effected when the letter is properly addressed, prepaid and posted. Reading the provisions together, the statutory duty is discharged at the place from which the certificates are posted, and the offence, if any, is the failure to deliver within the prescribed time from that place. The cause of action for such default therefore arises where the company's registered office is situated, not where the complainant expects to receive the documents. The earlier view that jurisdiction could lie where the complainant resided was not accepted.
Conclusion: The complaint could be instituted only where the company's registered office was situated, and not at the place where the complainant resided.
Ratio Decidendi: For an offence based on failure to deliver share certificates within the statutory time, territorial jurisdiction lies where the company was required to perform the duty of posting the certificates, because posting in accordance with section 53 constitutes compliance and fixes the venue of the offence.
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