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1961 Supreme(Cal) 75

S.P.MITRA
CORONATION TEA CO. LTD. – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.C.ROY, R.CHAUDHARY, R.N.Mitra

S. P. MITRA, J.

( 1 ) THIS is an application tor rectification of the Share Register of the Company.

( 2 ) THE first objection of the company is that the transfer forms which have been used are not in accordance with the provisions of Article 48 of the Articles of Association relating to transfer or transmission of shares. Under Article 48 (b) a form has been set out. Upon comparing the form with the forms used by the petitioner I find there has been substantial, if not verbatim, compliance with the requirement. In any event, Article 48 (b) prescribes that, the transfer may also be recorded "in any usual or common form which the Board shall have approved". When the petitioner applied to have her name registered, it was open to the Board to approve of the forms used by the petitioner and her transferors. I do not see why approval could not be given to these forms. This contention of learned Advocate for the company therefore, does not appear to me to be reasonable.

( 3 ) THE next contention is that unless a person is a member of a Company, he cannot make an application under Section 155 of the Companies Act, 1956. His remedies are under Section 111 and he may prefer an appeal to























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