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    <title>2012 (10) TMI 1265 - BOMBAY HIGH COURT</title>
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    <description>The dominant issue was whether the HC&#039;s civil jurisdiction was barred by the Companies Act provisions conferring powers on the CLB. Holding that the dispute involved title to shares, alleged fraud, and complicated factual questions beyond CLB&#039;s limited rectification remit under s. 111, the HC ruled its inherent jurisdiction was not excluded, and the suit could proceed. On the challenge to the purported pre-death transfer of the deceased&#039;s shares contrary to an admitted will bequeathing them equally to both heirs, the HC found a prima facie need to protect the claimant&#039;s half share and granted ad-interim protection by directing deposit of a specified amount failing which restraint on alienation of listed properties; limitation was left for trial on evidence.</description>
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    <pubDate>Tue, 30 Oct 2012 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=305481</link>
      <description>The dominant issue was whether the HC&#039;s civil jurisdiction was barred by the Companies Act provisions conferring powers on the CLB. Holding that the dispute involved title to shares, alleged fraud, and complicated factual questions beyond CLB&#039;s limited rectification remit under s. 111, the HC ruled its inherent jurisdiction was not excluded, and the suit could proceed. On the challenge to the purported pre-death transfer of the deceased&#039;s shares contrary to an admitted will bequeathing them equally to both heirs, the HC found a prima facie need to protect the claimant&#039;s half share and granted ad-interim protection by directing deposit of a specified amount failing which restraint on alienation of listed properties; limitation was left for trial on evidence.</description>
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      <pubDate>Tue, 30 Oct 2012 00:00:00 +0530</pubDate>
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