https://www.taxtmi.com/caselaws?id=126910 Shareholding qualification under the Companies Act, 1956 was prima facie met because the pleaded and respondent-relied figures showed holdings exceeding the statutory threshold, allowing the company petition to proceed. Alleged admissions in income-tax returns could not justify threshold rejection where the pleadings raised fraud and disputed transfer entries. Such returns were evidentiary material requiring proof; on a demurrer-type objection, the petition had to be assessed on its own averments. Disputed facts could not be conclusively determined under the cited Civil Procedure Code provisions at the preliminary stage. en-us Mon, 16 Aug 2010 00:00:00 +0530 Tue, 05 Feb 2013 17:45:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126910 Shareholding qualification under the Companies Act, 1956 was prima facie met because the pleaded and respondent-relied figures showed holdings exceeding the statutory threshold, allowing the company petition to proceed. Alleged admissions in income-tax returns could not justify threshold rejection where the pleadings raised fraud and disputed transfer entries. Such returns were evidentiary material requiring proof; on a demurrer-type objection, the petition had to be assessed on its own averments. Disputed facts could not be conclusively determined under the cited Civil Procedure Code provisions at the preliminary stage. Case-Laws Companies Law Mon, 16 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126910