Supreme Court · 1952 INSC 70 · Decided 9 December 1952

Sha Mulchand & CO. LTD. (In Liquidation) v. Jawahar Mills LTD.

Court
Supreme Court of India
Citation
1952 INSC 70 · [1953] 1 S.C.R. 351
Case number
CIVIL APPEAL No. 3/1951
Decided
9 December 1952
Bench
MEHR CHAND MAHAJAN, SUDHI RANJAN DAS, VIVIAN BOSE, GHULAM HASAN (4-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Companies Act Section 247, 38; Limitation Act Section 48, 49, 120, 181

Headnote

SUPREME COURT REPORTS 351 SHA MULCHAND & CO. LTD. (IN LIQUIDATION) • v. JAW AHAR MILLS LTD. [MEHR CHAND MAHAJAN, DAs, VIVIAN BosE and GHULAM HASAN JJ.] Company-Forfeiture of shares-Necessity of due notice-Appli­ cation by shareholder to rectify register-Long delay-Acquiescence, Oompanies Act, 1913, ss. 38, 'J47. A private limited company of which G and S were the only two members owned 5,000 shares in a Mill. The company did not pay the calls and the 5,000 shares held by them were forfeited on the 5th September, 1941, and re-allotted to other persons on the 16th

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