Supreme Court of India
Dr. Bais Surgical and Medical Institute Pvt. Ltd. v. Dhananjay Pande
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What the Court ordered
In view of the foregoing discussion and cumulative factual circumstances, this Court is satisfied that the High Court was justified in affirming the finding that respondent no. 1 was entitled to be treated as a member for the purposes of maintaining proceedings under Sections 397 and 398 of the Companies Act, 1956.
Judgment, page 17
From the headnote
Issue for Consideration Whether, in the absence of a formal entry of the respondent no.1’s name in the register of members, he could nonetheless be regarded as a “member” of the appellant-company so as to invoke the jurisdiction of the Company Law Board u/ss.397 and 398 of the Companies Act, 1956. Headnotes† Companies Act, 1956 – ss.2(27), 41, 397, 398, 399 – “member” – High Court and the Company Law Board upheld respondent no.1 as a deemed member of the company, entitled to maintain a petition u/ss.397 and 398 – Whether the respondent no.1 could be regarded as a “member” of the
Authorities it was built on
- 1981 Needle Industries (india) Ltd., & Ors. v. Needle Industries Newey (india) Holding Ltd. & Ors.
- 1985 Balkrishan Gupta and Ors. v. Swadeshi Polytex Ltd. and Anr
- 1989 World Wide Agencies Pvt. Ltd. and Anr. v. Mrs. Margarat T. Desor and Ors.
- 1950 Nanalal Zaver and Another v. Bombay Life Assurance Co. Ltd. and Others.
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