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february 1997

Supreme Court of India · 1997-02-03

JOHN TINSON & CO.PVT.LTD vs SURJEET MALHAN

Citation / case number
SC 1996/21494
Court
Supreme Court of India
Petitioner
JOHN TINSON & CO.PVT.LTD
Respondent
SURJEET MALHAN
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the Division Bench's decision, stating that there was no concluded contract for the transfer of shares as required under Section 25(1) of the Indian Contract Act, which renders a transfer without consideration void. The Court emphasized that Mrs. Surjeet Malhan did not provide express authority to her husband for the transfer of her shares, and mere acquiescence does not equate to consent. Consequently, the appeals were dismissed, affirming the High Court's ruling in favor of the respondents.

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