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    <title>2006 (8) TMI 527 - Supreme Court</title>
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    <description>Property acquired before incorporation was treated as the company&#039;s asset where all surrounding records and conduct consistently showed that it belonged to the company, and the promoters were estopped from denying that title; the corporate veil was lifted because the company was being used to serve the promoters&#039; personal design. A decree and award obtained without full disclosure were held capable of being impeached as fraudulent, and withdrawal of the earlier suit did not bar a defensive challenge that they were void ab initio. The sale agreement was held to be a genuine sale, not a loan, and to cover both the house and the appurtenant land. However, specific performance was declined in equity, with refund, interest, and compensation awarded instead.</description>
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    <pubDate>Thu, 24 Aug 2006 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=159995</link>
      <description>Property acquired before incorporation was treated as the company&#039;s asset where all surrounding records and conduct consistently showed that it belonged to the company, and the promoters were estopped from denying that title; the corporate veil was lifted because the company was being used to serve the promoters&#039; personal design. A decree and award obtained without full disclosure were held capable of being impeached as fraudulent, and withdrawal of the earlier suit did not bar a defensive challenge that they were void ab initio. The sale agreement was held to be a genuine sale, not a loan, and to cover both the house and the appurtenant land. However, specific performance was declined in equity, with refund, interest, and compensation awarded instead.</description>
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