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NAUSHAD SHAMSUDDIN FANCY versus NEW JUBILEE INSURANCE COMPANY LIMITED AND OTHERS


Sections 11, 42 and 55 relate to a company's ownership of the title / share title in relation to the acquisition of a company's dispute in respect of the declaration of a fiduciary restriction and the registration of the disputed shares by any of the persons suing for a mandatory injunction Does not stop Going into the question of title to the disputed shares, in the presence of documentary evidence, the title cannot be transferred to the person who is in his possession only in case there is a dispute, contrary to the opinion of the proprietor. Will introduce the law. Because of the discontinuity, anyone who comes into custody of shares with an empty transfer member and registers them for transfer to the company, will own the shares irrespective of whether they are legally entitled to the shares. Or not, but in the event of a dispute the legitimate ownership of the disputed shares, unless the claimant asserts his rights to the shares, will not be declared a transfer only to the disputed shares. Such shares have been admitted in the present case by three persons, claiming the title of the disputed shares, therefore, no claim of disputed shares can be claimed until the competitor's claim is properly decided. The disputed shares were held in trust until the settlement of the property disposed of exclusively to the confidant, therefore, one of the three claims cannot claim any right in the disputed shares because the first At the stage, he was in custody for the disputed shares.

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