https://www.taxtmi.com/caselaws?id=96833 Company articles cannot expel a shareholder, deprive membership, or compel a share transfer unless those powers existed when exercised and statutory transfer requirements are met. A later amendment cannot retrospectively validate an earlier expulsion, particularly where made without notice to the affected shareholder. A share transfer requires a proper instrument of transfer, and company articles cannot override that statutory requirement. Striking a shareholder's name from the register without a valid transfer constitutes an omission rectifiable under section 38(1). The alleged transferee's absence does not bar rectification where no lawful transfer occurred. en-us Fri, 26 Jul 1940 00:00:00 +0530 Wed, 11 Jan 2012 14:33:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96833 Company articles cannot expel a shareholder, deprive membership, or compel a share transfer unless those powers existed when exercised and statutory transfer requirements are met. A later amendment cannot retrospectively validate an earlier expulsion, particularly where made without notice to the affected shareholder. A share transfer requires a proper instrument of transfer, and company articles cannot override that statutory requirement. Striking a shareholder's name from the register without a valid transfer constitutes an omission rectifiable under section 38(1). The alleged transferee's absence does not bar rectification where no lawful transfer occurred. Case-Laws Companies Law Fri, 26 Jul 1940 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96833