https://www.taxtmi.com/caselaws?id=126910 A company petition may proceed where the pleaded shareholding, on the respondents' own materials, shows more than 10% of the issued, subscribed and paid-up capital under section 399 of the Companies Act, 1956, because the statutory qualification is prima facie met. The article also explains that a petition alleging fraud cannot be rejected at the threshold on the basis of income-tax returns or supposed admissions, since disputed facts require proof and such material is only evidentiary. On a demurrer-type objection, provisions such as Order 6 Rule 4, Order 7 Rule 11 and Order 12 Rule 6 of the Code of Civil Procedure, 1908 do not permit final rejection where triable issues remain. 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 A company petition may proceed where the pleaded shareholding, on the respondents' own materials, shows more than 10% of the issued, subscribed and paid-up capital under section 399 of the Companies Act, 1956, because the statutory qualification is prima facie met. The article also explains that a petition alleging fraud cannot be rejected at the threshold on the basis of income-tax returns or supposed admissions, since disputed facts require proof and such material is only evidentiary. On a demurrer-type objection, provisions such as Order 6 Rule 4, Order 7 Rule 11 and Order 12 Rule 6 of the Code of Civil Procedure, 1908 do not permit final rejection where triable issues remain. Case-Laws Companies Law Mon, 16 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126910