AIR 2006 SUPREME COURT 3672 ::2006 AIR SCW 3768 ::2006 CLC 1372 (SC) ::2006 (5) Com LJ 203 SC ::(2006) 2 CLR 643 (SC) ::(2006) 5 ComLJ 203 ::(2006) 3 GCD 1797 (SC) ::(2006) 2 WLC(SC)CVL 253 ::(2006) 73 CorLA 357 ::(2007) 2 CivLJ 90 ::(2006) 3 CivilCourtC 577 ::2006 (5) SCC 638 ::(2008) 1 RecCivR 921 ::(2006) 7 Scale 62 ::2006 (3) All CJ 1802 ::(2006) 3 CurCC 219 ::(2006) 6 AllMR 56 (SC) ::(2007) 1 All WC 299 ::2006 (5) Bom CR 574 ::(2006) 132 ComCas 479 ::(2008) 2 ICC 706 ::MANU/SC/2996/2006 ::2006 (4) MadLW 896 ::2006 (4) MadLJ174 ::(2006) 6 Supreme 44 ::2006 (3) GujLR 2495 ::2006 (8) SRJ 343

Supreme Court Of India

(From : 2001 (2) Guj LR 1224)

Hon'ble Judge(s): Ashok Bhan, G. P. Mathur , JJ

(A) Civil P.C. (5 of 1908) , O.14 R.2— Preliminary issue - Mixed issue of law and fact in suit - Cannot be tried by Court as preliminary issue. (B) Civil P.C. (5 of 1908) , O.7 R.11— Demurrer - Plea as to - What amounts to. (C) Civil P.C. (5 of 1908) , O.7 R.11(d)— Rejection of Company Petition - Not permissible unless it becomes apparent from reading of Company Petition that the same is barred by limitation. (Para 16) (D) Limitation Act (36 of 1963) , S.3— Limitation - Plea of - Cannot be decided as abstract principle of law divorced from facts - It is mixed question of law and fact. (E) Companies Act (1 of 1956) , S.155, S.77— Limitation Act (36 of 1963) , S.17, Art.137— Company petition - Filing of - Limitation - Petition by shareholders for rectification of register of company - Ground of fraudulent utilization of company's funds by respondents to purchase its own shares in violation of S. 77 of Companies Act - Limitation for filing said petition - Would begin to run from date, petitioners discovered fraud or got knowledge of the same - Petition cannot be thrown out a....