Supreme Court of India

Luxmi Tea Company Limited v. Pradip Kumar Sarkar

Neutral citation
Reported as [1989] SUPP. 2 S.C.R. 82
Bench M.N. Venkatachaliah, N.D. Ojha and J.S. Verma JJ.
Decided 7 November 1989

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the result, we find no substance in this appeal and it is accord­ ingly dismissed with costs assessed at Rs.2,.

Judgment, page 11

From the headnote

Companies Act, 1956: Section 108---Share Transfer-Considera­ tion-Power of Company to examine correctness-Company-Whe­ ther can refuse registration of transfer of shares if transfer deeds are not properly stamped. Section 111(2)/Article 42 of Articles of Association-Expression "Or otherwise"-Scope of-Whether recognises existence of inherem power to refuse registration of shares. Company Law-Share Transfer-Board of Directors-Whether has inherent power to refuse registration of transfer of shares-Resi­ duary, implied or incidental power of corporate existence-Whether include power of refusal to

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