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“When a change in the name of a company takes place and the same gets registered in the register of the companies, there is no substantial change in the constitution of the entity and it shall not affect any rights and obligations of the company or render defective any legal proceedings by or against it.”
The Court presumed that the absence of a reason for not disclosing the higher amount in the Agreement to Sell (‘ATS’), and the lack of explanation for payment of sale consideration disguised as rent is likely to evade taxes. This suppression made the 1982 ATS illegal, and against the public policy as per, Section 23 of the Contract Act, 1872.
“A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”
When a case falls under any specific provision of law, their residuary clauses cannot be resorted to and the parties cannot seek shelter under the residuary provision under Article 113 of the Limitation Act, 1963.
Rajasthan High Court: Anoop Kumar Dhand J. allowed the appeal and quashed the impugned order dated 17-08-2021 passed by the Court of
Supreme Court of the Democratic Socialist Republic of Sri Lanka: Vijith K. Malalgoda PC J and L.T.B. Dehideniya and P. Padman Surasena,