https://www.taxtmi.com/caselaws?id=96737 A shareholder seeking rectification of the register must prove that his share application was made subject to enforceable conditions justifying removal of his name. The evidence here did not establish any conditional allotment: the correspondence and the applicant's own conduct were inconsistent with that claim, and the alleged assurances were unsupported by contemporaneous documents. Representations by company officers could not bind the company where they contradicted the articles of association, and the secretary had no general authority to induce subscriptions on that basis. The appellant therefore failed to show a right to rectification under section 38 of the Indian Companies Act, 1913, and the appeal was dismissed with costs. en-us Mon, 07 Dec 1936 00:00:00 +0530 Tue, 10 Jan 2012 16:42:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96737 A shareholder seeking rectification of the register must prove that his share application was made subject to enforceable conditions justifying removal of his name. The evidence here did not establish any conditional allotment: the correspondence and the applicant's own conduct were inconsistent with that claim, and the alleged assurances were unsupported by contemporaneous documents. Representations by company officers could not bind the company where they contradicted the articles of association, and the secretary had no general authority to induce subscriptions on that basis. The appellant therefore failed to show a right to rectification under section 38 of the Indian Companies Act, 1913, and the appeal was dismissed with costs. Case-Laws Companies Law Mon, 07 Dec 1936 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96737