Supreme Court of India · 2006-05-12
Panchanan Dhara & Ors vs Monmatha Nath Maity (Dead) Th. Lrs. & Anr
- Court
- Supreme Court of India
- Petitioner
- Panchanan Dhara & Ors
- Respondent
- Monmatha Nath Maity (Dead) Th. Lrs. & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, P.P. Naolekar
Judgment text excerpt
The Supreme Court upheld the decision of the Calcutta High Court affirming the lower courts' rulings in a specific performance case involving an agreement for sale under the Companies Act, 1956. The Court found that the provisions of Sections 46 and 48 of the Companies Act were not violated as all directors were parties to the agreement, and the appellant's claims regarding the respondent's readiness to perform and the limitation period were dismissed. The Court emphasized the necessity of framing a substantial question of law under Section 100(4) in second appeals, which was not adhered to in this case.