Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the company petition for winding up was maintainable before the High Court at Allahabad when the registered office of the respondent-company was situated at Calcutta.
Analysis: Jurisdiction under section 10(1)(a) of the Companies Act, 1956 depends upon the place where the registered office of the company concerned is situated. The incorporation documents and memorandum of association showed the registered office of the respondent-company at Calcutta. In such circumstances, the High Court at Allahabad lacked jurisdiction to entertain the winding up petition.
Conclusion: The company petition was not maintainable before the High Court at Allahabad and was dismissed.
Ratio Decidendi: For a company petition, territorial jurisdiction lies with the High Court having jurisdiction over the place where the company's registered office is situated.