1935 (4) TMI 6

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..... DGMENT This is a matter of some importance to the companies and it has been dealt with very summarily in the lower Court. The action is by the plaintiff against the defendant company in respect of the non-registration of a transfer in which he was interested. Under Article 6 of the company's Articles of Association it is stated that the company reserves to itself the right of refusing any tran .....

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..... recognise the plaintiff as transferee is not bona fide and valid. (4) Whether the suit is maintainable?" That was dealt with by the learned District Munsif as follows: "I do not consider that there are sufficient grounds for recasting the issues already framed." The burden of proof in these matters is upon the plaintiff as has been held in a number of cases one example of which is Coalpor .....

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..... in which I am properly asked to interfere. The matter has been dealt with, though not without jurisdiction, certainly with material irregularity. A Bench of this High Court composed of Oldfield and Venkatasubba Rao, JJ., in Rajagopala Ayyangar v. Ramanuja Ayyangar AIR 1923 Mad. 60 has taken the view that discretion may be used in that way. The costs of this revision petition will abide and f .....

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