Supreme Court · 2006 INSC 415 · Decided 11 July 2006
Ramesh B. Desai and ORS. v. Bipin Vadilal Mehta and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 415 · [2006] SUPP. 3 S.C.R. 414
- Case number
- CIVIL APPEAL No. 4766/2001
- Decided
- 11 July 2006
- Bench
- ASHOK BHAN, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 6, 7; Companies Act Section 77, 155; Limitation Act
Headnote
Companies Act, 1956 : Sections 77 and 155-Petition for rectification of register of the company C on the ground that its director committed fraud by purchasing shares in his name ou/ of company's fi111ds-Respondent seeking swnmm)' dismissal of petilion on !he ground of limitation--Company Judge at preliminary stage as being barred by limitation-There is no finding on the D point that petitioner had knoll'/ edge of transaclion earlier-Plea of limitation is a mixed question of law and fact and necessarily required eridence about the time when ji-aud l\'as discovered--Code of Civil
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