https://www.taxtmi.com/caselaws?id=96737 Rectification of the register of members under section 38 of the Indian Companies Act, 1913 requires proof that the share application or allotment was subject to enforceable conditions. The available evidence did not establish that conditions attached to the offer for shares; the applicant's correspondence and conduct contradicted a conditional allotment. Alleged promises by company officers were improbable and unsupported by contemporaneous records. In any event, representations inconsistent with the articles of association could not bind the company, and a company secretary lacked general authority to induce share subscriptions through such assurances. The claimed basis for removal of the applicant's name from the register therefore failed. 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 Rectification of the register of members under section 38 of the Indian Companies Act, 1913 requires proof that the share application or allotment was subject to enforceable conditions. The available evidence did not establish that conditions attached to the offer for shares; the applicant's correspondence and conduct contradicted a conditional allotment. Alleged promises by company officers were improbable and unsupported by contemporaneous records. In any event, representations inconsistent with the articles of association could not bind the company, and a company secretary lacked general authority to induce share subscriptions through such assurances. The claimed basis for removal of the applicant's name from the register therefore failed. Case-Laws Companies Law Mon, 07 Dec 1936 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96737