1952 Present   :   Pulle J.

M. E. DE SILVA, Appellant, and CROOS, Respondent

S. C. 1,218-J. M. C. Colombo, 39,123

Companies Ordinance, No. 51 of 1938-Section 110 (1) and (2)-Failure to hold general meeting-A material ingredient of charge.

In a prosecution under section 110 of the Companies Ordinance for failure to hold a general meeting of a Company-

Held, that the charge should set out, in terms of sub-section 2 of section 110 that the offender was '' knowingly a party to the default''.

APPEAL from a judgment of the Joint Magistrate's Court, Colombo.

N. M. de Silva, for the accused appellant.

A. Mahendrarajah, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

April 24, 1952. PULLE J.-

The appellant who is the Managing Director of a Company incorporated under the Companies Ordinance, No. 51 of 1938, was charged with and convicted of failing to hold a general meeting of the Company in the calendar year of 1949. The charge alleged a breach of sub-section 1 of section 110 of the Ordinance and the commission of the offence under sub-section 2.

Section 110 (1) provides that a general meeting of every Company shall be held once