TMI Blog1937 (2) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... petition of the respondent, who when he presented the petition was the holder of one ordinary share of ₹ 25 upon which ₹ 12 had been paid up. He deposited the balance of ₹ 13 in Court during the proceedings. 2. The petition was heard by two Judges, Thom J. and Iqbal Ahmad J. A long and elaborate reserved judgment was delivered, which dealt in great detail with the history of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no order for winding up on the ground of insolvency should have been made on the evidence, and in no event at the Instance of this petitioner; and further that no order should have been made on the just and equitable ground, because no charge of fraud had beeni made in the petition, and no fraud had been established by the evidence in the case. 4. In regard to the first contention, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon the merits of the case, however, their Lordships feel bound to state(but without having heard counsel for the respondent on the subject)that;they are not prepared to accept as established by the evidence, all the findings of fraud embodied by the High Court in the last paragraph but three of the judgment. They think that it is only right to make this clear in view of the syndicate possibility ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n as to the effect of the evidence as a whole. They observe, however, that after all the evidence had been placed before the Court, counsel appearing for the company based his opposition to a winding up order (which, ha admitted, must have been made had the company been an ordinary commercial concern) upon the ground of the exceptional and religious or national objects of this company. That plea w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fic details of those charges. In the present case the petitioner ought not to have been allowed to proceed with his petition and seek to prove fraud, unless and until he had, upon such terms as the Court thought fit to impose, amended his petition by including therein full particulars of the allegations which he intended to prove. Such cases as the present will be much simplified if this practice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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