Judgement

Appeal from an order of the High Court (Oct. 17, 1902) dismissing a petition presented under the Indian Companies (Memorandum of Association) Act, 1895, by the appellants for the confirmation by the Court of certain alterations of the companys objects.

Those alterations were proposed to be effected by a special resolution purporting to have been passed and confirmed at meetings of the appellant company held on May 29 and June 19, 1902.

The High Court found that by reason of the invalidity of certain proxies given under the circumstances stated in their Lordships judgment the special resolution was never validly passed. The respondent had objected to their validity. In the High Court argument was confined to two lots of 124 and 192 votes given to Macaulay, the chairman of the meeting, as proxy for absent shareholders. The Indian Companies Act, s. 77, which is for all material purposes a re-enactment of s.

Law. Rep. 32 Ind. App. 39 ( 1904- 1905) Bombay-Burmah Trading v. Dorabji Cursetji Shroff

138

51 of the Imperial Companies Act, 1862, requires a special resolution to be passed by a three-fourths majority of members present in person or by proxy; which in this instance was