apply to the court for rectification of the
register under s. 155 or (2) to prefer an appeal under s.
III. The power ... Articles of Association, if
challenged in a petition for rectification of register was
to be presumed to have been exercised reasonably, bona fide
stay of the rectification proceedings which had been filed by the respondents in Calcutta for rectification of the Register of Trademarks by deleting Hardie
decision dated 21.5.85 was illegal and
void and for rectification of the share register by
recording them as the owners ... rectification was
allowed and the allotments of shares made in the meeting held on
8.8.86 were set aside and rectification of the share register
laches-Abandonment of right to
question validity of forfeiture-Application for
rectification of register- Limitation Limitation Act, 1908 ,
Arts. 48, 49, 120,181, applicability ... Limitation Act as a claim for rectification of the
register simpliciter does not necessarily involve a claim
for the return of the share scrips
company, or the company, may apply to the
Court for rectification of the register.
(2) The Court may either reject the application or
order rectification ... sections (1) to (4)
shall apply in relation to the rectification of
the register of debenture-holders as they
apply in relation to the rectification
company, may apply to the
Company Law Board for rectification of the
register.
(5) The Company Law Board, while dealing
with an appeal preferred under ... relation to the
rectification of the resister of debenture-
holders as they apply in relation to the
rectification of the register of members
rectification or is of such a nature, unless decided first it
would not came within the purview of rectification. The word
rectification' itself connotes ... register, a
term which itself implies that the register, either
in what is or what is not upon it, is wrong; but
the register cannot
register of any entry, or by any
entry made in the register without
sufficient cause, or by any entry
wrongly remaining on the register ... registered in Part A
of the register to Part B of the
register.
Xxx
107. Application for rectification of
register to be made to High
Bharucha
JUDGMENT
INTRODUCTION
1. This is a suit for rectification of the register of shares of the National Rayon Corporation Ltd., the 8th defendant. Rectification ... petition under s. 155 of the Companies Act requiring the rectification of the register of shares of the company in respect of 27,183 shares
appropriate
rectification proceedings. In conformity with
that provision, Section 111 envisages that if
proceeding for rectification of the register in
relation to plaintiff or defendant ... rectification, regarding prima facie satisfaction, would
amount to imposing one more restriction upon the right
of a person to seek rectification of the Register
