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1982 Supreme(P&H) 21

RAJENDRA NATH MITTAL
Amrit Kaur Puri – Appellant
Versus
Kapurthala Flour, Oil And General Mills Co. P. Ltd. – Respondent


Judgment

Rajendra Nath Mittal, J.

1. Briefly, the facts are that respondent No. 1 is a private limited company with its registered office at Kapurthala. The authorised capital of the company is 5,000 shares of Rs. 100 each. Out of that, 2,550 ordinary shares of Rs. 100 each have been issued and the subscribed capital on each share is Rs. 50.

2. Madho Ram Puri, husband of the petitioner, had purchased 100 shares of the company in his individual name and another 100 shares jointly with Raghbir Singh, respondent No. 5. He died on December 31, 1968. At the time of his death, he held the abovesaid shares. After his death, his shares were to be entered in the name of the petitioner as his other heirs gave an affidavit that they had no objection in case the shares were transmitted in her name.

3. The company instead of showing 100 shares individually in the name of the deceased showed them as jointly owned by the deceased and Raghbir Singh. Thus, it treated 200 shares to be jointly owned by both of them.

4. It is pleaded that the petitioner came to know in February, 1972, that Raghbir Singh transferred the abovesaid shares to Raj Rani and Usha Rani, respondents Nos. 2 and 3, who were not s










































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