9911796707
TMI Blog1933 (7) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... he Indian Companies Act as a Company 'limited by guarantee' on the 4th of October, 1929. On the 8th of October, 1932 an application was presented in this Court by the Secretary of State for India in Council for the compulsory winding up of the company. On the 6th of March, 1933 this Court passed an order that the Company be compulsorily wound up and appointed Messrs. Lovell Hudson and R.C. Soni as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso admits that he never formally resigned the membership, and his case is not covered by Article 21 of the articles of association. His contention, however, is that he ceased to be a member sometime in April or May, 1931 in accordance with the provisions of Article 19. He has filed an affidavit and has also stated on oath before me and his statement has been accepted as correct by the Official Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roduced any other evidence on this point. In reply, the Liquidators have stated that the books of the company do not show that any action was taken on Mr. Ralli's failure to pay the subscription and that the fact that his name was borne on the register of members on the date on which the company went into liquidation, about two years later, shows that no such action was in fact taken. I have give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and deeds that every one has a right to waive the advantage of a law or rule made solely for his benefit and protection (Maxwell on the Interpretation of Statutes, seventh edition, p. 329), and I see no reason why this rule should not be applied to this case. I accordingly overrule Mr. Ralli's objection and hold that his name has been rightly placed on the list of contributories. The proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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