without the prior consent of the petitioner and without giving a pre-emptive right to purchase the said shares to the petitioner.
(b) pass such ... without the express consent of the petitioner and without giving a pre- emptive right to purchase the said shares to the petitioner. The Shareholders Agreement
whom he claims, that the pre-emptor has, in order to succeed, to prove a superior pre-emptive right. The comparison, even at the date ... policy on which the right of pre-emption is based. A person who, whilst possessing the pre-emptive right takes part in transacting the sale
reason is there for holding that a Muhammadan pre-emptor can enforce the pre-emptive right where the vendor is a Hindu and the purchaser ... could not be regarded as an infringement of a pre-existing pre-emptive right. From this the learned Judges concluded that the right of pre
only plea regarding pre-emption is that the plaintiffs are
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adjacent owners to the schedule properties having- their pre
emptive right over the schedule ... appendages such as right of
way or a right to discharge water or owners of adjoining
immovable property. The right of pre-emption
preemption rights. Further, in terms of Article 38 , no vested right is created in any shareholder in terms of the pre-emptive clause ... petitioner had pre-emption rights and the second is that to deprive the petitioner of the said pre-emptive rights, the respondents had fraudulently manipulated
view of pre-emptive right of the plaintiffs (b) directing
the defendants to execute the sale deed in favour of them.
1(a). After contest ... ground.
10(v). The right of pre-emption is recognised in Mohammedan law.
Subsequently, pre-emptive right is recognised to be created by a contract
having a right of pre-emption. The plaintiff had lost and had no right to claim pre-emptive right. The trial Court, without considering ... right must show some pre-existing right in his favour to make such a claim within a reasonable time after losing such pre-existing right
property.
7. The Trial Court found that the respondent/defendant has pre-
emptive right to purchase the petition mentioned property. While ... permitting the respondent/defendant to avail the benefit of pre-
emptive right, the Trial Court directed the market value to be assessed
for the purpose
from the family of existing Shareholders, totally in
disregard of the pre-emptive right available to the existing Shareholders
under Article13 of AOA, on getting ... existing shareholders' pre-
emption right is valid?
d. Whether the transfer of shares to outsiders, in violations of pre-
emptive rights of the Appellant
relief of declaration to declare that, he is having pre
emptive right to purchase the suit property, mandatory
injunction directing the defendants to execute ... right of preemption was
reserved and plaintiff being the party to the said Deed of
Partition, is having preemptive right of purchasing
