<?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>2008 (11) TMI 741 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=301861</link>
    <description>Inherent powers of a Company Court under the Companies (Court) Rules, 1959 cannot be used to grant relief beyond the pleadings. Rule 9 preserves only powers necessary to secure justice or prevent abuse of process, analogous to section 151 CPC, but not to award a substantive remedy that was neither specifically sought nor adjudicated. Here, the application was confined to the shed and related defaulted amount, while assignment of a separate land parcel and execution of a sale deed were not pleaded and the entitlement to that land was disputed. The direction to assign the land and execute the sale deed was therefore unsustainable and was set aside.</description>
    <language>en-us</language>
    <pubDate>Mon, 24 Nov 2008 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 23 Apr 2022 11:22:43 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=676962" rel="self" type="application/rss+xml"/>
    <item>
      <title>2008 (11) TMI 741 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301861</link>
      <description>Inherent powers of a Company Court under the Companies (Court) Rules, 1959 cannot be used to grant relief beyond the pleadings. Rule 9 preserves only powers necessary to secure justice or prevent abuse of process, analogous to section 151 CPC, but not to award a substantive remedy that was neither specifically sought nor adjudicated. Here, the application was confined to the shed and related defaulted amount, while assignment of a separate land parcel and execution of a sale deed were not pleaded and the entitlement to that land was disputed. The direction to assign the land and execute the sale deed was therefore unsustainable and was set aside.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Mon, 24 Nov 2008 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=301861</guid>
    </item>
  </channel>
</rss>