That the incorporation certificate issued by the Registrar of Companies under the Indian Companies Act…
In the landmark Privy Council appeal Moosa Goolam Ariff v. Ebrahim Goolam Ariff ((1912) LR 39 IA 237), arising under the Indian Companies Act, Lord Macnaghten held that even…
Choose your answer
That the incorporation certificate issued by the Registrar of Companies under the Indian Companies Act is “conclusive for all purposes” was held for the first time by:
Answer and explanation
Correct answer D
In the landmark Privy Council appeal Moosa Goolam Ariff v. Ebrahim Goolam Ariff ((1912) LR 39 IA 237), arising under the Indian Companies Act, Lord Macnaghten held that even if the statutory conditions of registration were not duly complied with (there being fewer than seven competent adult subscribers to the memorandum), once the Registrar grants the certificate of incorporation, “the certificate is conclusive for all purposes.” Lord Cairns in Peel’s Case (1867), Lord Chelmsford in Oakes v. Turquand (1867), and Lord Dunedin in Bowman v. Secular Society Ltd. (1917) delivered decisions under the English Companies Acts.
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