K S MANAVALAN Vs. REGISTRAR OF COMPANIES TRIVANDRUM

JUDGEMENT

(1.) I do not think that this court has jurisdiction having regard to the fact that the company in question is non-trading company falling under Entry 32 of List II of the seventh schedule of the Constitution since it does not fall within either entry 43 or 44 of List I. Legislation with regard to it is therefore within the exclusive competence of the State and neither the indian Companies Act 1913 (extended to Part B States by Central Act 3/51) nor the Companies Act (Central Act 1/1956) can apply to non-trading companies in the old Part B States since neither of the Central Acts was made under the circumstances mentioned in Art. 249, 250 or 252 of the Constitution. It would therefore follow that the old Cochin Companies Act (Cochin Act XI of 1122) is unaffected either by Central Act 3/51 or Central Act 1/56 so far as non-trading companies are concerned and that Act continues to govern the present company. Under S. 3 of that Act the court having jurisdiction is the District Court having jurisdiction over the place at which the registered office of the company is situated. This application is therefore returned for presentation to the proper Court.