Court : Allahabad
Decided on : Dec-18-1981
Reported in : 66CompCas684(All)
..... the same with the company for rectification of the share register. the company refused to make the necessary rectification and consequently an application was made under section 38 of the indian companies act, 1913. the matter went up to the supreme court. on these facts, it was held thatthe right of refusal to register shares must be reasonably exercised in good faith ..... wider sense, to all its inhabitants, and are not connected with the organisation or administration of government. they include the right to property, marriage protection by the laws, freedom of contract, trial by jury, etc. as otherwise denned, civil rights are rights appertaining to a person by virtue of his citizenship in a state or community, rights capable of being enforced ..... calcutta, patna and madras high courts and the courts in england, observed (headnote at p. 304):'the object of enacting section 38 of the indian companies act, of 1913, which is analogous to section 155 of the companies act of 1956, was to provide a summary remedy in non-controversial matters or in matters where a quick decision was necessary in order to ..... passing the impugned order, the regional director did not afford any opportunity to the petitioners to contest the applications and thereby acted in violation of the principles of natural justice. it was further urged that the requirement of law regarding formation of opinion of the authority concerned that it was necessary so to do to avoid hardship clearly indicated that the authority .....Tag this Judgment!
Court : Allahabad
Decided on : May-07-1981
Reported in : (1981)IILLJ159All
..... the decision would show that the government must have some fresh material made available to it subsequent to its refusal to make a reference, for the formation of a fresh opinion, for making the reference.it is not absolutely necessary that there ought to be some fresh material before the government for reconsideration ..... to report there (b) may do so if it appears to the board that there are circumstances suggesting...(ii) that the persons concerned with its formation or the management of its affairs having in connection therewith been guilty of fraud, misfeasance or other misconduct toward it or towards its members.... it was ..... existence which are adversely affected as a consequence of a reversal of the decision. in the first place, the rights of employers to enter into contracts of employment with workmen and to determine their conditions of service are not uncontrolled even if there is no industrial dispute pending adjudication. the right of ..... 342, to which we shall later refer to as frey's case. under section 72(1) of the rent act, 1968 which was under consideration either the lessor or lessee or a local authority could refer contracts of tenancy to the rent tribunal of the district in question, salmon, l. j. while holding that it ..... yashodanandan, j.1. the indian explosives limited is a public limited company registered under the companies act, 1956, and is engaged in the business or manufacture and sale of explosives and fertilisers. the petitioner before us is its fertilizer .....Tag this Judgment!