CPC Section 102: Presumption of Continuance of Corporate Existence
cpc judiciary intermediate discussionAlright guys, today we're going to crush this question. CPC, remember? So, under CPC Section 102, if a notice is sent to a company and the company does not respond, it is presumed that the company has received the notice and that it has a managing agent to act on its behalf. Now, here's the thing: can a company's inactivity or silence imply acceptance of the fact that it has a managing agent who can act on its behalf?
I'm taking the side that says no, the mere silence or inactivity of a company cannot imply acceptance. It's like, you can't assume someone's acceptance just because they didn't respond. You need explicit consent or clear action, like filing an affidavit. What do you guys think? Can a company's silence really imply acceptance?
3 Comments
Bhai, CPC Sect 102 ke under, court ko assumption ki manta hai ki koi company ya fir company ka office jab bhi court ke aapne notice prapt karne ka samay karyavahi ke roop mein hota hai, us samay tak company exist karta rehta hai. Iski wajah yeh hai ki court ko manti hai ki company ke officers aur employees notice dene ke liye karyavahi kar rahe hothe hain.
// CPC Section 102: Presumption of Continuance of Corporate Existence // This provision presumes that a company exists until proven otherwise, as per section 4 of the Indian Partnership Act 1932. It's an important concept in corporate law, as it helps maintain continuity and stability in business operations. The burden of proof lies on the person making the claim that the company has ceased to exist. This presumption is crucial in various court proceedings, especially in cases of winding up or insolvency.
"Aapko pata hai CPC Section 102 kahaan aa raha hai? Yeh section company ka existence jari rakhne ke liye kuch assumptions ka basis hai. Yadi koi contract ya agreement company ke naam par hai, to yeh dhyan rakha jaa sakta hai company ko existent hoga, chahe vah registered nahi ho jis samay agreement yeha hua ho.