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Issues:
1. Interpretation of section 270 of the Companies Act, 1913 regarding the winding-up of unregistered companies. 2. Comparison with similar provisions in English Companies Act, 1862. 3. Jurisdiction of the Court in ordering the winding-up of companies consisting of more than seven members. Analysis: 1. The case involved a petition for the winding-up of an unregistered company under section 270 of the Companies Act, 1913. The Administrator-General sought the winding-up of the company Wor Lee Lone and Co., which was alleged to consist of more than seven members, based on the provisions of the Act. 2. The judgment highlighted the interpretation of the phrase "unregistered company" as per section 270 of the Companies Act, 1913. The Court examined the language of the Act and compared it with similar provisions in the English Companies Act, 1862. The Court emphasized that the expression "unregistered company" should include partnerships or companies with more than seven members for the Court to have jurisdiction to order winding-up. 3. Reference was made to English case law, specifically In re Bolton Benefit Loan Society and In re Bowling and Welby's Contract, to support the interpretation that for the Court to have jurisdiction to wind up an unregistered company, it must consist of more than seven members at the time of the winding-up petition. The judgment highlighted that the intention of the legislature was crucial in determining the scope of jurisdiction for winding-up proceedings. 4. The Court concluded that the interpretation of section 270 of the Companies Act, 1913, should align with the consistent interpretation of similar provisions in the English Companies Act, 1862. It was held that the Court could order the winding-up of a company only if it consisted of more than seven members at the time of the petition. The judgment allowed the appeal, remanding the case for further consideration based on the correct interpretation of the law. 5. The judgment emphasized that the construction of the Act should be in line with the legislative intent, and the jurisdiction of the Court to order winding-up should be based on the actual number of members in the company at the time of the petition. The Court clarified the criteria for determining the jurisdiction for winding-up proceedings and directed a re-hearing of the case based on the correct interpretation of the law. 6. Both judges, Page and Mosely, concurred with the decision, highlighting the importance of interpreting the statutory provisions accurately to ensure the proper application of the law. The Court awarded costs to the appellants and assessed the Advocate's fees accordingly.
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