<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1997 (10) TMI 326 - HIGH COURT OF GUJARAT</title>
    <link>https://www.taxtmi.com/caselaws?id=103952</link>
    <description>Civil court jurisdiction was recognised for a claim based on contractual pre-emption or right of first refusal over shares, because such a claim arises from contract and common law rather than statutory transfer formalities. A disputed agreement was held to raise a triable issue at the interlocutory stage, but a private restriction on transfer of shares in a public company was not enforceable unless incorporated into the company&#039;s articles. Interim injunction was declined because damages were an adequate remedy against transfer, and objections to registration of transfer belonged before the special company law forum. The discussion therefore emphasises free transferability of shares, the limits of private transfer restrictions, and the proper forum for statutory compliance disputes.</description>
    <language>en-us</language>
    <pubDate>Fri, 24 Oct 1997 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 25 Feb 2012 11:45:29 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=140991" rel="self" type="application/rss+xml"/>
    <item>
      <title>1997 (10) TMI 326 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=103952</link>
      <description>Civil court jurisdiction was recognised for a claim based on contractual pre-emption or right of first refusal over shares, because such a claim arises from contract and common law rather than statutory transfer formalities. A disputed agreement was held to raise a triable issue at the interlocutory stage, but a private restriction on transfer of shares in a public company was not enforceable unless incorporated into the company&#039;s articles. Interim injunction was declined because damages were an adequate remedy against transfer, and objections to registration of transfer belonged before the special company law forum. The discussion therefore emphasises free transferability of shares, the limits of private transfer restrictions, and the proper forum for statutory compliance disputes.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Fri, 24 Oct 1997 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=103952</guid>
    </item>
  </channel>
</rss>