https://www.taxtmi.com/caselaws?id=97196 Rectification of the shareholders' register under section 38 of the Companies Act was considered inappropriate in summary proceedings where the genuineness of the transfer deed, the alleged mistaken entry, and the validity of cancellation were all disputed. Because those issues depended on rival factual versions and required detailed evidence, the Court held that they could not be resolved through a summary rectification petition. The remedy, if any, lay in a regular suit or other independent proceeding where the facts could be fully investigated. The power under section 38 was treated as discretionary and was not exercised on the facts presented. en-us Fri, 19 Sep 1952 00:00:00 +0530 Sat, 14 Jan 2012 13:02:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97196 Rectification of the shareholders' register under section 38 of the Companies Act was considered inappropriate in summary proceedings where the genuineness of the transfer deed, the alleged mistaken entry, and the validity of cancellation were all disputed. Because those issues depended on rival factual versions and required detailed evidence, the Court held that they could not be resolved through a summary rectification petition. The remedy, if any, lay in a regular suit or other independent proceeding where the facts could be fully investigated. The power under section 38 was treated as discretionary and was not exercised on the facts presented. Case-Laws Companies Law Fri, 19 Sep 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97196