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september 2004

Supreme Court of India · 2004-09-13

Dale And Carrington Invt. P. Ltd. And ... vs P.K. Prathapan And Others

Citation / case number
AIR 2005 SUPREME COURT 1624
Court
Supreme Court of India
Petitioner
Dale And Carrington Invt. P. Ltd. And ...
Respondent
P.K. Prathapan And Others
Author
Arun Kumar
Bench
Ruma Pal, Arun Kumar

Judgment text excerpt

The Supreme Court addressed the dispute over the control and management of a company formed for operating a hotel, emphasizing the importance of shareholder contributions and the legal implications of share transfers under the Foreign Exchange Regulation Act (FERA). The Court held that the transfer of shares to Prathapan and his wife was subject to obtaining necessary permissions under FERA, and that Ramanujam's lack of financial contribution undermined his claim to control. The judgment clarified the legal standing of shareholders in corporate governance matters, affirming the need for compliance with statutory requirements.

Dale And Carrington Invt. P. Ltd. And ... vs P.K. Prathapan And Others · Niyam