TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the chairman rightly ruled an amendment to the resolution on adoption of the accounts out of order, and whether the subsequent resolution refusing to adopt the accounts was invalid.
Analysis: An amendment to a motion for receipt and adoption of accounts is competent if it is germane to the original proposition and does not amount in substance to a direct negative of it. A proposal that the accounts be received but not adopted, with an informal committee appointed to examine them and report, was held to fall within that principle. The Court also held that the refusal to permit the amendment deprived the meeting of the opportunity to express its view on the amended form of the motion and therefore invalidated the subsequent proceedings on that question. Section 142 of the Companies Act did not prevent such an amendment, because the proposed committee would not have had the powers of a statutory committee of inspection.
Conclusion: The chairman's ruling was wrong, and the resolution refusing to adopt the accounts was invalid.
Ratio Decidendi: An amendment to a meeting resolution is competent if it is germane to the motion and not a direct negative of it, and exclusion of such an amendment may invalidate the subsequent decision on that question.
TaxTMI 
TaxTMI 
