<?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>2016 (6) TMI 1228 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=193635</link>
    <description>A disputed share transfer can affect a member&#039;s locus standi to maintain a company petition only if the transfer is shown to be legally effective under the company&#039;s articles and the statutory records are properly proved. The court noted that the respondents relied on transfer forms and minutes, but the materials did not show approval by the board as required by the articles. It also stated that minutes carry evidentiary value only when maintained in the manner required by law, and any presumption attached to them is rebuttable. On the record before the tribunal, the conclusion that the appellant had ceased to be a shareholder was not safely sustainable without examination of the original minutes and other statutory records.</description>
    <language>en-us</language>
    <pubDate>Fri, 17 Jun 2016 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 10 Aug 2017 06:37:10 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=485101" rel="self" type="application/rss+xml"/>
    <item>
      <title>2016 (6) TMI 1228 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=193635</link>
      <description>A disputed share transfer can affect a member&#039;s locus standi to maintain a company petition only if the transfer is shown to be legally effective under the company&#039;s articles and the statutory records are properly proved. The court noted that the respondents relied on transfer forms and minutes, but the materials did not show approval by the board as required by the articles. It also stated that minutes carry evidentiary value only when maintained in the manner required by law, and any presumption attached to them is rebuttable. On the record before the tribunal, the conclusion that the appellant had ceased to be a shareholder was not safely sustainable without examination of the original minutes and other statutory records.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Fri, 17 Jun 2016 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=193635</guid>
    </item>
  </channel>
</rss>