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    <title>2016 (4) TMI 615 - CALCUTTA HIGH COURT</title>
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    <description>A shareholder could maintain a writ where State action directly affected the company&#039;s shareholding structure and the petitioner&#039;s own stake and control position. Res judicata and constructive res judicata did not apply because the earlier Supreme Court decision had not decided the validity of the provisional allotment of shares against imported equipment. After repeal of the foreign exchange law and expiry of the saving period, no further challenge to the allotment could survive under the preserved legal framework, especially where the goods were supported by documents and had been cleared by customs. The petition was dismissed in the altered legal and factual setting.</description>
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    <pubDate>Wed, 16 Mar 2016 00:00:00 +0530</pubDate>
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      <description>A shareholder could maintain a writ where State action directly affected the company&#039;s shareholding structure and the petitioner&#039;s own stake and control position. Res judicata and constructive res judicata did not apply because the earlier Supreme Court decision had not decided the validity of the provisional allotment of shares against imported equipment. After repeal of the foreign exchange law and expiry of the saving period, no further challenge to the allotment could survive under the preserved legal framework, especially where the goods were supported by documents and had been cleared by customs. The petition was dismissed in the altered legal and factual setting.</description>
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