https://www.taxtmi.com/caselaws?id=292892 A bye-law objection based on an arbitration clause was rejected because no binding clause requiring prior referral to arbitration was established. The Kerala Non Trading Companies Act, 1961 was held to operate by legislation by reference: it applies the Companies Act, 1956 mutatis mutandis through Section 3 rather than bodily incorporating its provisions. As a result, later amendments to the Companies Act, 2013 continued to apply, including the civil court bar under Section 430. The suit was therefore held not maintainable in civil court, and the plaint was ordered to be returned for presentation before the proper authority. en-us Thu, 30 Jan 2020 00:00:00 +0530 Mon, 11 Jan 2021 21:58:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292892 A bye-law objection based on an arbitration clause was rejected because no binding clause requiring prior referral to arbitration was established. The Kerala Non Trading Companies Act, 1961 was held to operate by legislation by reference: it applies the Companies Act, 1956 mutatis mutandis through Section 3 rather than bodily incorporating its provisions. As a result, later amendments to the Companies Act, 2013 continued to apply, including the civil court bar under Section 430. The suit was therefore held not maintainable in civil court, and the plaint was ordered to be returned for presentation before the proper authority. Case-Laws Indian Laws Thu, 30 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292892