Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Company law: Transfer of shares — In the instant sets of appeal several suits were filed by parties relating to the transactions involving transfer of shares |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Company law: Transfer of shares — In the instant sets of appeal, several suits were filed by parties relating to the transactions involving transfer of shares — While one suit stood withdrawn, others suits remained pending - Instant SLPs arose out of various interlocutory proceedings — Disposing of the SLPs, the Court held: The examination of various questions raised by the petitioners in these SLPs is wholly uncalled for — Considerable judicial time has been spent on this litigation — The conduct of none of the parties to this litigation is wholesome — Arguinents were advanced on either side for a period of about 18 working days as if this Court were a Court of Original Jurisdiction trying the suits — The fact remains that in none of the suits even issues have been framed so far ~ This ease is a classic example of the abuse of the judicial process by unscrupulous litigants with money power, all in the name of legal rights by resorting to half-truths, misleading representations and suppression of facts — Each and every party is guilty of one or the other of the above-mentioned misconducts — This case should also serve as proof of the abuse of the discretionary jurisdiction of this Court under Article 136 by the rich and powerful in the name of a ‘fight for justice’ at each and every interlocutory step of a suit — Enormous amount of judicial time of this Court and two High Courts was spent on this litigation — Therefore, exemplary costs of Rs.25 Lakhs imposed on the three parties i.e, GGL, MGG and RUIAS — Interlocutory order — Cost — Constitution of India — Art.136. Ramrameshwari Devi & Others v. Nirmala Devi & Others 2011 (8) SCR 992 : (2011) 8 SCC 249 — relied on. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2016 INSC 326 |
Petitioner | Messer Holdings Ltd. |
Respondent | Shyam Madanmohan Ruia & Oth£rs |
SCR | [2016] 5 S.C.R. 1 |
Judgement Date | 2016-04-19 |
Case Number | 33429-33434 |
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