2002 CLC 515 (CLB) ::(2002) 1 ComLJ 175 ::(2002) 108 ComCas 523

Company Law Board

Hon'ble Judge(s): A. K. Banerji, Chairman, C. R. Das Member , JJJ

(A) Companies Act (1 of 1956) , S.111— Rectification of register of members - Refusal for - Validity - Death of registered share-holder - Claim for transmission of shares in his name by one of the sons of share-holder on basis of Will by share-holder - Other heirs and legal representatives of share-holder conveying their consent to such transmission - No claim made by any other person though 15 years passed from death of share-holder - Company in its Board Meeting, holding without there being any such material, that the Will was not genuine and calling for probate or letters of Administration - Not justified - Moreso, when the same was not required to be obtained in respect of a Will executed by a Mohammaden which after due proof could be admitted in evidence. Muslim Law - Succession - Will - Probate - Requirement, of. (Para 8 14) (B) Companies Act (1 of 1956) , S.110, S.111(4)— Application for register of members - Limitation, for - Provisions of Limitation Act applicable - Remedies such as reference to proceedings Iraqi Welfare Society and Registrar of Companies and Regional Director of Department of Company Affairs - Pursued bona fide by applicant - Application cannot be dismissed on ground of delay though proceedings before those authorities could no....