WILSON
In Re: The Indian Companies Act, 1866 and of the Calcutta Jute Mills Co. Limited – Appellant
Versus
. – Respondent
JUDGMENT
Wilson, J. - This case raises a question of jurisdiction of some importance. I think it well, therefore, to state the grounds on which I make the order asked for.
2. The Company in question was formed in England in April 1872, under the Companies' Act, 1862; and by the Memorandum of Association its registered office is in England. By its original Articles of Association the general meetings of shareholders were to be held in England, and they contemplated, I think, that the board of directors should act in England. The manufacturing business has always been carried on in India. In August 1876, now Articles of Association were substituted for the former ones. Under these the meetings of shareholders must be held in Calcutta. The directors are chosen in Calcutta, and it appears from the affidavits that the board act here; there being generally only one director in England whose business is that of agency. The property of the Company is all in Calcutta: the whole of the manufacturing business is still carried on here; and a large majority of the shares held are on the Indian register,--that is to say, 5,232 against 768 on the English list.
2. I have to consider whether this Cour
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