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TMI Blog1946 (5) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... o the proper Court and arises in the following circumstances: The appellants are a public utility company acting through their Board of Directors and the respondents are the managing agents appointed to act under an agency agreement dated June, 22, 1935. It would appear that there had been friction between the Board of Directors and the managing agents regarding the dismissal of two clerks in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Income-tax, Bombay v. Mahomedbhoy ILR [1943] Bom. 628 11 ITR 320, in which the expression "touching the business of a society" was discussed, the learned Judge said: "Applying this ruling to the wording of article 115 reproduced above it is clear that the final authority on the question of dismissal of defendants Nos. 2 and 3 also are the shareholders of the company and it is an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the suit did not lie and his decision that the Court had no jurisdiction is not clear and I cannot see that either conclusion is justified. The conclusion as to the plaintiff having no cause of action has been arrived at without a proper consideration of all the facts. It is obvious that the whole case was not before the Court and the point not in issue. It is no more within my province to ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act provides that: "The Court having jurisdiction under this Act shall be the High Court having jurisdiction in the place at which the registered office of the company is situate .." It then goes on to say that the District Court may, by notification, be empowered to deal with company matters. It is obvious from the terms of the section that the Court referred to is the Court which has t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of the High Court referred to in section 3 is obviously the jurisdiction exercised by virtue of the specific provisions of the Act..." The learned Judge, therefore, was in error, in my opinion, in holding that the suit should have been filed in the District Court. I set aside his order and direct that the suit proceed. I allow the appellant the costs of this appeal. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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