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DELHI HIGH COURT
RAJIV SHAKDHER
Dayal D. Shahdadpuri – Appellant
Versus
C.N.A. Exports Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. background of the shareholder dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. amendment applications and their implications. (Para 9 , 10) |
| 3. arguments against past judgments. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court's reasoning on jurisdiction and fraud. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. final order of dismissal with costs. (Para 25 , 26 , 27) |
JUDGMENT
Rajiv Shakdher, J.
I.A. No.4114/2020
Preface:
1. This is an application filed on behalf of defendant nos. 1 and 2 under Section 44 of the Indian EVIDENCE ACT , 1872 [hereafter referred to as the " EVIDENCE ACT "].
1.1. Defendants nos. 1 and 2, thus, rely upon the provisions of Section 44 of the EVIDENCE ACT to seek, in brief, the following directions:
i. Firstly, "ignore" the judgement of the Division Bench dated 30.07.2013, passed in FAO (OS) 57/2013 and FAO (OS) 60/2013, on the ground of lack of jurisdiction.
ii. Secondly, "ignore" the judgement of the learned Single Judge dated 03.01.2013, which was passed in I.A. No. 8812/11 in CS (OS) No. 118/2007, once again, on the ground of lack of jurisdiction.
(ii) (a) It may be relevant to note that the learned Single Judge had, via judgement dated 03.01.201
The court underscored that judgments cannot be dismissed on jurisdictional grounds absent proof of fraud, and issues regarding authority to sue must be established in trial.
The civil court has jurisdiction to adjudicate ownership disputes over shares, and the evidence supported the sole ownership claim of the wife.
The court ruled that a plaintiff’s limited interest in property, dictated by the will, cannot be construed as absolute ownership; undue influence invalidates share transfers.
Company and registrar liable to rectify share register or compensate shareholder for negligently issuing duplicates to third party without notice or due verification, violating procedures; NCLT juris....
The main legal point established in the judgment is the application of Order IX Rule 13 CPC for setting aside an ex-parte judgment obtained through fraud, highlighting the importance of timely and va....
Private company share transfer invalid without complying with articles' pre-emptive rights and board approval; discrepancies in transfer documents and lack of company records defeat rectification cla....
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