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    <title>1978 (7) TMI 200 - HIGH COURT OF BOMBAY</title>
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    <description>A collateral indemnity or damages claim cannot defeat a suit for the share price unless it is properly pleaded and proved as a set-off; a bare allegation of misrepresentation and clause-based breach did not extinguish the price claim. The Court also held that the Securities Contracts (Regulation) Act, 1956 applies to marketable securities ordinarily dealt with on a stock exchange, not to shares in a private limited company that are transfer-restricted. The share sale agreement was therefore not illegal, and the unpaid instalments of the share price were recoverable, with the defendants&#039; defences on damages, set-off, and illegality failing.</description>
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    <pubDate>Mon, 24 Jul 1978 00:00:00 +0530</pubDate>
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      <title>1978 (7) TMI 200 - HIGH COURT OF BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=99620</link>
      <description>A collateral indemnity or damages claim cannot defeat a suit for the share price unless it is properly pleaded and proved as a set-off; a bare allegation of misrepresentation and clause-based breach did not extinguish the price claim. The Court also held that the Securities Contracts (Regulation) Act, 1956 applies to marketable securities ordinarily dealt with on a stock exchange, not to shares in a private limited company that are transfer-restricted. The share sale agreement was therefore not illegal, and the unpaid instalments of the share price were recoverable, with the defendants&#039; defences on damages, set-off, and illegality failing.</description>
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      <pubDate>Mon, 24 Jul 1978 00:00:00 +0530</pubDate>
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