Registrar acceptance of allotment returns cannot be refused due to listed minors; courts decide membership capacity. The Registrar of Companies should not refuse to accept and file a return of allotment on the ground that some allottees are minors; acceptance and filing of the return is proper. The question whether a minor can lawfully be a company member is for the courts to decide, and the Registrar must not discharge that judicial function when processing allotment returns.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Registrar acceptance of allotment returns cannot be refused due to listed minors; courts decide membership capacity.
The Registrar of Companies should not refuse to accept and file a return of allotment on the ground that some allottees are minors; acceptance and filing of the return is proper. The question whether a minor can lawfully be a company member is for the courts to decide, and the Registrar must not discharge that judicial function when processing allotment returns.
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