Supreme Court of India · 2014-10-28
DARIUS RUTTON KAVASMANECK vs GHARDA CHEMICALS LTD. .
- Citation / case number
- SC 2011/20162
- Court
- Supreme Court of India
- Petitioner
- DARIUS RUTTON KAVASMANECK
- Respondent
- GHARDA CHEMICALS LTD. .
- Author
- Chelameswar
- Bench
- A.K. SIKRI J. CHELAMESWAR
Judgment text excerpt
The Supreme Court held that minority shareholders have the right to transfer their shares under the provisions of the Companies Act, 1956, specifically referencing Section 43A(1A) and Article 57 of the Articles of Association. The Court established that restrictions on share transfers must be adhered to, ensuring that existing shareholders are given the first right of refusal at fair value. The appeal was dismissed, affirming the lower court's ruling regarding the transferability of shares within the company.