9911796707
TMI Blog1938 (12) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... of Bashir Ahmad and Rafiq Ahmad and also the name of the father of Abdul Rashid. The ground of the applications of the three applicants is that they were minors at the time of the transactions which resulted in their names being put upon the list of contributories. The Liquidator admits that they were minors and therefore seeks to put on the list of contributories the names of their respective fathers. In the case of Bashir Ahmad and Rafiq Ahmad with which we will deal first, Tahir-ud-Din, their father, applied for one share for each of them. He signed the application form "on behalf of" his sons. Tahir-ud-Din had opened savings bank accounts in the names of his sons in the Muslim Bank. Tahir-ud-Din paid the purchase money by his own cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shares in the fictitious name of his daughter, is as liable to take the share as if he had taken them in his own name. I call Mrs. Pugh's name fictitious, because Mr. Sharman knew perfectly well that she could not bind herself. If he had applied in the name of a person capable of contracting, the case would be different." It is argued by counsel for Tahir-ud-Din in this case that Pugh's case is distinguishable as there it was held that Mr. Sharman really applied for the shares for himself. In' the case of Tahir-ud-Din it has not been proved that the application for the shares on behalf of his minor sons was not bona fide and that the shares must be held therefore to have been applied for on behalf of his sons and not for himself. On t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of Abdul Rashid must be allowed and the application of the Official Liquidator also will be allowed and the name of Salamat Ullah will be put on the list of contributories as regards these 25 shares. There is however another transaction entered into by Salamat Ullah on behalf of Abdul Rashid. He purchased by transfer 12 shares. He signed Abdul Rashid's name on the transfer form as transferee through himself. Equally the dividend on these shares was paid to Salamat Ullah's account and the money was drawn by him. It appears to us that the principle laid down in Pugh's case would also apply to this case. Salamat Ullah had signed his son's name in the transfer form. He must therefore equally be taken to know that his son being a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
