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TMI Blog1960 (11) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... cinded and/or set aside, and for a further order that the applicant be exempted from producing any document pursuant to the said subpoena. In the affidavit affirmed by the Registrar of Companies, West Bengal, as a ground in support of the application it is stated first, that the Master had or has no jurisdiction or power to issue any subpoena except with the leave of the court for production of documents under the Companies Act; secondly, it is stated in the affidavit that if subpoenas are issued by the Master in the usual course and without leave of the judge the work and records of the office will be upset, and it will also affect the right of the public to inspect the records or to obtain certified copies thereof under section 610 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the leave of the court. The last right, Mr. Roy contends, is not available as of right or as a matter of course. It is well settled since Heydon's case [1584] 3 Co. Rep. 7a ; 76 E.R. 637 to consider, how the law stood when the statute to be construed was passed, what the mischief was for which the old law did not provide, and the remedy provided by the statute to cure that mischief. In the Companies Act, 1913, there was no provision comparable to sub-section (2) of section 610 of the Companies Act, 1956. The question, therefore, arises as to why this provision has been enjoined. I agree with Mr. Roy as well as counsel for the Registrar of Companies that it was designed for the purpose of ensuring that the public was not inconvenien ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtified copies. Certified copies are admissible in evidence. Certified copies are of equal validity with the original documents. There may still be cases where the original is required. Mr. Roy illustrated that where there were allegations or charges of forgery, the production of the original might be necessary. If there were any discrepancy between the original and the certified copy or copies the production of the original would become necessary. If any signature to the original document was for special cause or reason required to be proved, the original might be necessary. Such instances of requirements of the production of the original can be multiplied. Therefore, Mr. Roy contended that it was in the contemplation of the Legislature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the Companies Act enjoins that no process for the production of any document kept by the Registrar shall issue except with the leave of the court, such an application is not within the scope of clause (12), Chapter VI, rule 11. It is not a general application relating to the conduct of any suit or matter inasmuch as the Companies Act, 1956, enjoins leave of the court being obtained. Mr. Roy referred to the decision in Laliteshwar Singh v. Rameshwar Singh [1907] I.L.. 34 Cal. 619 ; 11 C.W.N. 649, and the observations of Maclean, C.J., appearing at page 626 of the report. That was a case relating to the grant of leave under clause 12 of the Letters Patent. The question arose as to whether granting of leave was a judicial or ministeri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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