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1958 Supreme(Bom) 172

S.T.DESAI, K.T.DESAI
Krishnaprasad Jwaladutt Pilani – Appellant
Versus
Colaba Land and Mills Co. Ltd. and Ors – Respondent


JUDGMENT - (1) A question of considerable importance and some interest arises on this application under the new Companies Act of 1956 and the question relates to the tenure of office of what are usually described as directors elected at annual general meetings of companies. Section 166 of the new Companies Act lays down that the first annual general meeting shall be held by a company within eighteen months of its incorporation. It also lays down that the next annual general meeting of the company shall be held by it within nine months after the expiry of the financial year in which the first annual general meeting was held; and thereafter an annual general meeting shall be held by the company within nine months after the expiry of each financial year. Stripped of details, the provision for years subsequent to the first annual general meeting is that a company shall call its annual general meeting within nine months after the expiry of its financial year. That provision is mandator. It is express and explicit. Ordinarily elected directors of companies are not appointed for any specified period of time in term of years. They retire by rotation and they retire from their office of dir










































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