Supreme Court · 2014 INSC 745 · Decided 28 October 2014

Darius Rution Kavasmaneck v. Gharda Chemicals Limited & Others

Court
Supreme Court of India
Citation
2014 INSC 745 · [2014] 11 S.C.R. 1119
Case number
CIVIL APPEAL No. 2481/2014
Decided
28 October 2014
Bench
JASTI CHELAMESWAR, A.K. SIKRI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 19(4); Companies Act Section 3(1)(iii), 43A, 43A(1C), 43A(11), 43(1C)

Headnote

A B Companies Act, 1956 - ss. 3(1)(iii), 43A and 43A (1C), 43A (11) - Articles of Association - Article 57 - Pre-emption clause - Amendment made by the Companies (Amendment) C Act, 2000 to ss. 3 and 43A - Effect of, on the rights and obligations created by Art. 57 of the Articles of Association of Company incorporated as private company, became public company - Art. 57 contained restrictions on the rights of all the shareholders to transfer their D shares, shareholders desiring to sell his shares to offer shares to other shareholders of the company - Respondent no. 2-shareholder

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