2013 (5) TMI 1039

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....e passed this common order in both the CPs, i.e., CP No. 7/111/12 and CP No. 8/111/12. The petitioner herein filed two company petitions stating that the debentures lying in the name of the petitioner have been shown as forfeited by the respondent-company, therefore, he sought the relief for rectification of the register under section 111A of the Companies Act, 1956 ('the Act') because the....

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.... 111A confers the powers upon the tribunal to deal with the issue when rectification of register is required. It is an issue to be decided whether such forfeiture is valid or not, unless that issue is decided, the register of the debentures cannot be rectified. 4. Section 111 is given heading "power to refuse registration and appeal against refusal" section 111A is given heading "r....

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....g part of the sections as disjunctive from sub-section (1) of sections 111 and 111A of the Act, more specially when the heading of sections will rein in its purpose as long as the text of the section expressly does not depart from the heading of the section. Therefore, sub-section (4) of section 111 of the Act is a provision devised to cover the situations of omission or induction of name in the r....

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.... the matter is civil court has overlapping jurisdiction in the matters wherein CLB has jurisdiction, the only thing to be tested is whether it is triable issue or an issue that could be decided on the material available on the record. The jurisdiction conferred upon CLB being limited to cases of transfer and transmission as held in between Morgan Ventures Ltd. v. Blue Coast Hotels & Resorts Ltd. [....