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august 1965

Supreme Court of India · 1965-08-30

THE PUBLIC PASSENGER SERVICE LIMITED vs M. A. KHADER AND TWO OTHERS

Citation / case number
SC 1965/77
Court
Supreme Court of India
Petitioner
THE PUBLIC PASSENGER SERVICE LIMITED
Respondent
M. A. KHADER AND TWO OTHERS
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that a proper notice under Article 29 of the Articles of Association is a condition precedent to forfeiture under Article 30. The Court found that the notice issued to the respondents was defective as it lacked particulars of expenses, rendering the forfeiture invalid. Consequently, the High Court's jurisdiction under Section 155 of the Companies Act, 1956 was rightly exercised to rectify the share register by reinstating the respondents' names, as their omission was without sufficient cause.

THE PUBLIC PASSENGER SERVICE LIMITED vs M. A. KHADER AND TWO OTHERS · Niyam