VIGNESH KUMAR - Qualified Company Secretary

  CASE DIARY Name of the case M/s Laxmi Continental Construction Co. v. State of U.P. & Anr. Application Ref. Civil Appeal No. 6797 OF 2008 Appellant M/s Laxmi Continental Construction Co. Respondent State of U.P. & Anr. Judiciary Supreme Court of India Bench ·          Hon’ble Justice M R Shah ·          Hon’ble Justice A S Bopanna Date of judgment Sept. 20, 2021 PART - A: OVERVIEW ·       The Apex Court on the 20 th day of September 2021 rendered its judgment in an appeal preferred by the Appellant in the jurisdiction of the Hon’ble Supreme Court against the order passed by a bench of Hon’ble Uttaranchal High Court which set aside the order passed by Civil Judge (Senior Division),...

PROVISION COVERED Section 5 CONCEPT COVERED Articles of Association THE CONSTITUTIONAL DOCUMENT: Section 5 of the Companies Act, 2013 deals with the necessity of Articles of Association (hereinafter referred to as “AOA” / “Articles”) . Together with the memorandum of association, the AOA are collectively recognized as the constitutional documents for a company which administers a company and directs its activities in compliance with the law. These documents establish the fundamental corners of a company without which a company’s existence cannot be substantiated. ENFORCEMENT PURVIEW - PURPOSE: The purpose of the Articles is spilt out through the employment of phrase “ regulations for management of the company ” in Section 5(1) of the Companies Act, 2013. While the MOA sets out the purpose of existence of a company, the Articles on the other hand recognizes the existence of a company through the MOA and thereafter to supplement the ...