https://www.taxtmi.com/caselaws?id=172848 An unregistered charge created in favour of a company officer over company property could not be enforced by that officer under the Explanation to Section 68 of the Indian Companies Act, 1882. Although non-registration did not generally invalidate a mortgage or charge, the Explanation barred an officer from availing himself "as such" of an unregistered security affecting company property. The court held that this prohibition applied even where the officer was under a duty to secure registration, and rejected narrower readings that would confine the bar to a special capacity or only while the person remained an officer. The charge was therefore unenforceable by the officer. en-us Mon, 08 Dec 1919 00:00:00 +0530 Wed, 02 Sep 2015 14:45:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172848 An unregistered charge created in favour of a company officer over company property could not be enforced by that officer under the Explanation to Section 68 of the Indian Companies Act, 1882. Although non-registration did not generally invalidate a mortgage or charge, the Explanation barred an officer from availing himself "as such" of an unregistered security affecting company property. The court held that this prohibition applied even where the officer was under a duty to secure registration, and rejected narrower readings that would confine the bar to a special capacity or only while the person remained an officer. The charge was therefore unenforceable by the officer. Case-Laws Indian Laws Mon, 08 Dec 1919 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172848