<?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>1996 (3) TMI 428 - HIGH COURT OF GUJARAT</title>
    <link>https://www.taxtmi.com/caselaws?id=104045</link>
    <description>Article 137 provides a three-year limitation period for a rectification application from accrual of the right to apply, and limitation may be tried first as a preliminary issue where it creates a bar by law. Mere broad allegations of fraud are insufficient: Order VI rule 4 requires specific particulars, and section 17(1)(b) applies only where the right itself was concealed despite reasonable diligence. A plea that a share-transfer transaction was void, or that there was sufficient cause or a continuing wrong, did not extend limitation on the facts stated. The rectification petition was therefore treated as prima facie time-barred and dismissed at the preliminary stage.</description>
    <language>en-us</language>
    <pubDate>Tue, 12 Mar 1996 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 27 Feb 2012 13:49:02 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=141084" rel="self" type="application/rss+xml"/>
    <item>
      <title>1996 (3) TMI 428 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=104045</link>
      <description>Article 137 provides a three-year limitation period for a rectification application from accrual of the right to apply, and limitation may be tried first as a preliminary issue where it creates a bar by law. Mere broad allegations of fraud are insufficient: Order VI rule 4 requires specific particulars, and section 17(1)(b) applies only where the right itself was concealed despite reasonable diligence. A plea that a share-transfer transaction was void, or that there was sufficient cause or a continuing wrong, did not extend limitation on the facts stated. The rectification petition was therefore treated as prima facie time-barred and dismissed at the preliminary stage.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Tue, 12 Mar 1996 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=104045</guid>
    </item>
  </channel>
</rss>