THE JUDICIAL TREATMENT OF SCOPE AND LIMITS OF JURISDICTION TO RECTIFY THE REGISTER OF MEMBERS
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Abstract
Register of members is discussed under S.88 of the companies Act, 2013 that every company must maintain these registers in prescribed manner but the Rectification of register of members has been explained in (Section) S.59 of the companies Act, 2013. which basically means the person who claims to be the members of the company and when his rights is being violated as a member like – his name been omitted or added without any sufficient cause etc then he can take action for rectification accordingly. Membership is a very important right which includes lots of rights like- voting, name, extent of shareholding etc so it is often contested by the members for ratification and considered to be an important right. But prior to S.59, 2013 act, this right was being filled under S.155 under sub-section 2(11) and Section 10 of the company court of the 1956 Act. Later this section 155 was amended and repealed in the year 1988 and just after 1991 Company Law Board (CLB) was formed and this right was filled under S.111 and also S111A was introduced in the year of 1997 regarding the rectification of members. But for as of now it is administered by S.59 of the 2013 Act, which confers most of the power to the National Company Law Tribunal (NCLT) to look after the rectification of the register of members.
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