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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> General Accident Assurance Corporation, Ltd, Petitioners [1906] ScotLR 43_367 (06 February 1906)
URL: http://www.bailii.org/scot/cases/ScotCS/1906/43SLR0367.html
Cite as: [1906] SLR 43_367, [1906] ScotLR 43_367
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SCOTTISH_SLR_Court_of_Session
Page: 367↓
Court of Session Inner House First Division.
Facts:
A party intending to move the Court to dispose in the Single Bills of an application which would in ordinary course be sent to the Summar Roll must intimate the motion to the Keeper of the Rolls, in order that the Court may have the opportunity of considering the matter beforehand.
On January 2, 1906, the General Accident Assurance Corporation, Limited, presented a petition to the Court under the Companies Acts 1862 to 1900, and especially under the Companies (Memorandum of Association) Act 1890, secs. 1 and 2, for the confirmation of a special resolution to alter the provisions of the memorandum of association with respect to the objects of the company.
On 13th January 1906 the Court remitted to G. M. Paul, Esq., C.S., “to inquire as to whether the proceedings have been regular and proper, and as to the reasons for the proposed alteration of the provisions” of the memorandum of association and to report.
Mr Paul reported in favour of the application being granted.
When the petition appeared in the Single Bills on the report, counsel for the petitioners moved that the prayer of the petition should be granted, and that, as the petition was unopposed and the report favourable, instead of the case being sent to the Summar Roll the matter might appropriately be disposed of in the Single Bills.
Counsel for Petitioners— Constable. Agents— Simpson & Marwick, W.S.