Ball v Metal Industries Ltd
| Jurisdiction | Scotland |
| Judgment Date | 15 December 1956 |
| Date | 15 December 1956 |
| Docket Number | No. 26. |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Hill Watson.
CompanyManagementExtraordinary general meetingMeeting convened on requisition of membersInclusion of business not specified in requisition and not covered by company's articlesInterdictCompanies Act, 1948 (11 and 12 Geo. VI, cap. 38), sec. 132.
The Companies Act, 1948, by sec. 132 (1) requires the directors of a company to convene an extraordinary general meeting of the company upon the requisition of members holding a qualifying number of shares. Subsec. (2) provides, inter alia, that the requisition must state the objects of the meeting.
An extraordinary general meeting of a company was duly convened by requisition of members to appoint three new directors. Included in the agenda of the meeting, but not among the objects stated in the requisition, was a further resolution, proposed by a shareholder, that a named director of the company should be removed from his office under sec. 184, which provides for the removal of directors by ordinary resolution of the company. The director in question contended that the proposed...
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