AIR 1960 ANDHRA PRADESH 123 ::(1960) 30 Com Cas 437 ::ILR (1959) Andh Pra 1210

Andhra Pradesh High Court

Hon'ble Judge(s): P. Chandra Reddy , C.J. AND P. Jaganmohan Reddy , J

Constitution of India , Art.226— Writ of Scire facias - Meaning and nature of indicated - Writ cannot issue to rescind certificate of registration validly granted to company - Duty of Registrar of Companies while granting certificate pointed out - Object of company legal - Motive cannot be enquired into - Remedy against company lies in winding up. Words and Phrases - Scire facias, writ of. Companies Act (1 of 1956) , S.33, S.12, S.234, S.235, S.237, S.243— Writ of "scire facias" is a Latin phrase meaning 'that you cause to know'. (Various meaning given, indicated).(Para 10) @page-AP124 This writ is of two kinds. One is satisfaction of a decree in execution. This has become obsolete. The other is issued for the purpose of rescinding Crown grants, charters of or franchises. In England, the Crown used to issue charters authorising companies to do business, the most famous example of such charters being the one issued to the East India Company. When such charters or franchises were granted, there was an implied condition under the doctrine of common law that they could be repealed or rescinded if it appeared that they were obtained by misrepresentation or by fraud. In other words, this was the means adopted for getting rid of the incorporation of a company or franchise or grant given on a misrepresenta....