https://www.taxtmi.com/caselaws?id=99036 The court held that the petition under sections 397 and 398 of the Companies Act, 1956 did not abate upon the death of the original petitioner. It ruled that the widow of the deceased petitioner could be transposed as the petitioner without needing to fulfill the shareholder consent requirement under section 399. The court emphasized that the proceedings were for the benefit of all consenting members and not just the individual petitioner. Therefore, the court affirmed the decision, allowing the widow to continue the proceedings as a constructive petitioner, dismissing the company's appeal, and ordering each party to bear their own costs. en-us Tue, 13 Feb 1973 00:00:00 +0530 Tue, 24 Jan 2012 18:45:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=99036 The court held that the petition under sections 397 and 398 of the Companies Act, 1956 did not abate upon the death of the original petitioner. It ruled that the widow of the deceased petitioner could be transposed as the petitioner without needing to fulfill the shareholder consent requirement under section 399. The court emphasized that the proceedings were for the benefit of all consenting members and not just the individual petitioner. Therefore, the court affirmed the decision, allowing the widow to continue the proceedings as a constructive petitioner, dismissing the company's appeal, and ordering each party to bear their own costs. Case-Laws Companies Law Tue, 13 Feb 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=99036