1942 (2) TMI 18

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....ection 184 of the Indian Companies Act to settle the list of contributories. He was concerned with the 18th contributory. He has, by his order, placed the father of the 18th contributory on the list and the latter appeals. 2. We have before us very little material : but it is evident that the following essential facts were not in dispute. An application was made by M.S. Palaniappa Mudaliar as g....

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....ist of contributories. The learned District Judge accepted this contention and has made an order against the father of the 18th contributory, the minor Meenakshi Animal. 'He based his decision on In the matter of the Muslim Bank of India Ltd. (in liquidation), Lahore I.L.R. (1939) Lah. 299. In that case, Young, C.J., and Monroe, J., made an order against the father of a contributory who had ap....

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..... Richardson's case (1875) L.R.19 Eq. Cases 588, was a case where shares were registered in the name of the minor boy's father, the fact of minority not being revealed to the company and who signed the minor's name, which, of course, he had no authority to do. In re National Bank of Wales Ltd (1907)1 Ch. D. 582, (Massey and Giffin's case), Parker, J., discussed Sharman's case (....

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....at the Pasupathi Bank, Ltd., were unaware of the contributory's minority : they knew 'they were being invited to contract with a minor and they thought fit to contract with the minor. The application by Palaniappa Mudaliar was made on behalf of his minor daughter. There is nothing on the record to show that he had at any time intended to become a subscriber of the company. There is no evid....