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1950 (12) TMI 17 - SC - Companies Law
Whether one individual shareholder can, under the circumstances of the case and particularly when one of the respondents is the company which opposes the petition, challenge the validity of the Act on the ground that it is a piece of discriminatory legislation, creates inequality before the law and violates the principle of equal protection of the laws under article 14 of the Constitution of India?
Whether in fact the petitioner has shown that the Act runs contrary to article 14 of the Constitution?
Held that:- Agreeing with the line of reasoning and the conclusion of Mr. Justice Mukherjea as regards the second point relating to the invalidity of the Act on the ground that it infringes article 14 of the Constitution and have nothing more to add. The attack on the legislation on the ground of the denial of equal protection of law cannot succeed.Appeal dismissed.