Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | to direct rectification in the share register of a Company- Scope of- Late Maharaja bequeathed his shares in the estate in favour of his mother-rajmata - Issuance of succession certificate in favour of mother and her grand children-DR group by District Judge - After the death of mother however Companies Act 1956 - s. 111 - Power under grandchildren sought transmission and transfer of shares in their names on basis of succession certificate the same was challenged by the step grand children- C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Companies Act, 1956 - s. 111 - Power under, to directrectification in the share register of a Company- Scope of-Late Maharaja bequeathed his shares in the estate in favourof his mother-rajmata - Issuance of succession certificate infavour of mother and her grand children-DR group by DistrictJudge - After the death of mother, grandchildren soughttransmission and transfer of shares in their names on basisof succession certificate, however, the same was challengedby the step grand children- Company Law Board (CLB) heldthat such disputed and complicated questions of law and factscannot be decided by CLB in summary jurisdiction uls. 111of the Act- In appeal, the High Court directed rectification atthe instance of DR group - On appeal, held: There is no realdispute between the parties about the entitlement of DRGroup to have the shares transferred in their favour -Maharaja executed Will in favour of his mother; mother andDR jointly obtained succession certificate; mother signed thetransfer deeds and communicated the same to the Board ofDirectors; and the civil court declined to grant temporaryinjunction finding no prima facie case against the successioncertificate - Thus, even in summary jurisdiction, CLB hadno justification to reject the claim of the DR Group - HighCourt rightly set aside the said order. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2015 INSC 696 |
Petitioner | Jai Mahal Hotels Pvt. Ltd. |
Respondent | Raj Kumar Devraj & Ors. |
SCR | [2015] 11 S.C.R. 323 |
Judgement Date | 2015-09-23 |
Case Number | 7914 |
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