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november 1989

Supreme Court of India · 1989-11-07

LUXMI TEA COMPANY LIMITED vs PRADIP KUMAR SARKAR

Citation / case number
SC 1989/72615
Court
Supreme Court of India
Petitioner
LUXMI TEA COMPANY LIMITED
Respondent
PRADIP KUMAR SARKAR
Author
N.D. OJHA
Bench
N.D. OJHA

Judgment text excerpt

The Supreme Court held that under Section 108 of the Companies Act, 1956, a shareholder has the right to transfer shares unless impediments exist. The Court clarified that the company must have specified powers to refuse registration of share transfers, which cannot be exercised arbitrarily or for collateral purposes. The appeal by the company was dismissed, affirming that the transferee is entitled to rectification of the share register unless a bona fide reason exists for refusal, as outlined in Section 155 of the Companies Act.

LUXMI TEA COMPANY LIMITED vs PRADIP KUMAR SARKAR · Niyam