Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1992 : Ss. 3(2) & (3) Special Court (Trial of Offences Relating to Transactions In Securities) Act 7 and 9-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Special Court (trial of Offences Relating to Transactions in Securities) Act, 1992 (27 of 1992) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Special Court (Trial of Offences Relating to Transactions In Securities) Act, 1992 : Ss. 3(2) & (3), 7 and 9-A - Attachment of property - Jurisdiction of special court - Person notified for offences under S.3(2) of the Act - Company receiving certain amount for issuing share certificates - No allotment of shares - Custodian informing the company not to transfer shares as the money subscribed for shares is liable to be attached - Application by custodian before special court for return of money - Allowed along with interest - Validity of - Held, special court is the only court to deal with matters relating to transaction under S.9A or for attaching property under S.3(3) of the Act - Jurisdiction of special court not limited to offences under S.3 of the Act - Thus, special court justified in directing the company to repay the amount along with interest. Allotment of shares - Names of share-holders not entered in share certificate - No application by share holder for being member of the company - Special court holding that there was no allotment of shares - Validity of - Held, special court justified in its holding. |
Judge | Honble Mr. Justice S. Rajendra Babu |
Neutral Citation | 1999 INSC 159 |
Petitioner | Rahul Subodh Windoors Ltd. |
Respondent | A.k. Menon And Anr. |
SCR | [1999] 2 S.C.R. 447 |
Judgement Date | 1999-04-06 |
Case Number | 552 |
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