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1959 Supreme(P&H) 236

G.D.KHOSLA, TEK CHAND
Jarnial Singh Harjit Singh – Appellant
Versus
Bakshi Singh Sham Singh – Respondent


Judgment

Tek Chand, J.

1. This is a Letters Patent appeal from the judgment of Grover J. dismissing regular second appeal preferred by two defendants-appellants, Jarnail Singh and Behari Lal. In this case the trial Court, whose judgment was affirmed by the learned Single Judge, had passed a decree in plaintiffs favour for a declaration that transfers of shares made in favour of Jarnali Singh and Behari Lal defendants Nos. 11 and 12 were illegal and ultra vires of the Articles of Association of the Moga Transport Company (Private) Ltd. Jarnail Singh and Behari Lal had unsuccessfully appealed to the Senior Subordinate Judge, Ferozepur, and their appeal to the High Court was also dismissed by the learned Single Judge. This is an appeal on their behalf under the Letters Patent of this Court.

2. On 26-5-1954, the Company had sanctioned the transfer of ten shares held by Bachittar Singh in favour of Jarnail Singh defendant No. 11, and had also sanctioned transfer of five shares held by Milkhi Ram in favour of Behari Lal defendant No. 12. These transfers besides some other transfers which are no longer the subject-matter of any dispute were challenged by the plaintiff and a relief by way o










































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