FCA LLB CPA (Aust)
152 Points
Joined November 2008
ya ..above user is correct in respect of EPF question...!!
in case the income is below 20 % of the gross income ..the public sector enterprise shall b out of d purview of POBA 1965..!!
in Company law question...!! i have a different opinion...
first of all d act is ultra vires the company and that is for sure...!! as it is apparent from facts of question...!!
second.., retrospective ratification is not possible in case of MoA ..!!
thus in this case...Doctrine of Constructive Notice shall apply and company's refusal is valid..!!!
'coz MoA is public document and law presumes that every person dealing with the company has the knowledge of rights and powers of the company..!!
correct me if i m wrong..plz
-karan joshi