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NAUSHAD SHAMSUDDIN FANCY versus NEW JUBILEE INSURANCE COMPANY LIMITED AND OTHERS


Section 11, 42 8c55 Suit for declaration and mandatory injunction with all acquisition benefits of the Company in connection with the Company dispute, matters relating to ownership / title of the Contribution Shares by the three claimants cannot be stopped by the Court. Will 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. But in the event of a dispute, the legitimate ownership of the disputed shares, unless the claimant asserts his right to the shares, shall not be transferred only by occupying the disputed shares or such shares in the present case. The three people I recognized claimed the title of the disputed shares, so, unless the competitor's claim is properly decided, Nazah shares may be no right to claim, the disputed shares, was especially sent someone. Unless the ownership dispute is resolved, therefore, one of the three claims cannot claim any rights in the disputed shares because at some stage he was in possession of the disputed shares.

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