TaxTMI 
TaxTMI 
1940 (10) TMI 7
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....Registrar of Joint Stock Companies or to a member or a creditor of the company. The default which the applicant seems to have made good is that the failure by the company to notify to the Registrar the changes in regard to the occupations and other particulars of nine of its directors, which changes are required by Section 87 to be notified to the Registrar. Sub-section (1) of Section 87 creates an absolute duty for the company to keep a register of its directors and with respect to each director, details of any other directorships which he holds. Sub-section (2) requires the company within the period mentioned in the sub-section to send to the Registrar a return in the prescribed form containing the particulars specified in the register a....
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....otification need not be sent by the company save within 14 days when the company records the changes in its register. I am unable to accept this contention. The company is bound to maintain an accurate register and if it fails to perform this absolute duty and does not record an alteration in the particulars in the register, this cannot absolve it from the duty to notify to the Registrar. So far as this company is concerned, it notified, under the provisions of the Act, the names and particulars of its directors on the 18th August, 1938. Between that date and the 30th March, 1939, nine changes took place as nine directors either ceased to be directors, or become directors, of other companies. The Company failed to notify these changes to t....
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.... far as it could be done, it was making good its default as it notified all the changes which had taken place. The difficulty has arisen by reason of the requirements in Form No. XXVI that the names of the other directors should be included whenever there is change in regard to one only. The filing of one complete form containing the alterations in respect of all directors will make good, so far as it can be, the default in failing to notify each alteration. A fee of Rs. 3 is paid when a form is filed and if nine forms are now filed Rs. 27 would be payable. The company will therefore escape payment of Rs. 24. Payment of fees does not make good the default; this is effected when the Registrar is supplied with the information which the Act re....