Amendment of Register by order of court
📘 Amendment of Register by Order of Court
The amendment of a register by order of court refers to a legal process where a court directs that a correction or change be made in an official register (a record maintained by a government authority or regulatory body).
This is commonly used when a mistake or omission has occurred in a register, and it cannot be corrected administratively—so judicial intervention is needed.
🔎 Common Registers That May Be Amended by Court Order
Company Registers
Register of Members (shareholders)
Register of Directors
Charges Register
Land or Property Register
Errors in land ownership records or title deeds.
Civil Registers
Birth, death, or marriage certificates.
Educational or Professional Registers
Certificates or marksheets with name/date errors.
⚖️ Legal Basis (Example – Companies Act Context)
Under laws like the Companies Act (such as in India, the UK, etc.), courts can order amendments to company registers if:
There’s a refusal to register a transfer of shares.
There is a dispute over rightful ownership.
There is fraudulent or incorrect entry.
🏛️ Example (Companies Act, India – Section 59):
“If a person is aggrieved by the inclusion or omission of their name in the register of members, they may apply to the National Company Law Tribunal (NCLT) for rectification.”
🧾 Grounds for Seeking Court Order
Mistake or omission in the register.
Fraudulent entry or suppression of facts.
Illegal refusal to make changes.
Dispute over ownership or rights.
Clerical or typographical errors that affect legal rights.
📝 Procedure for Amendment by Court Order
Application or Petition Filed
The aggrieved person files a petition before the competent court or tribunal.
Submission of Evidence
Provide proof of the error or rightful claim.
Notice to Parties
The current holder or other stakeholders are given a chance to respond.
Hearing
The court hears both sides and reviews the documents.
Court’s Order
If satisfied, the court will pass an order directing the concerned authority to amend the register.
Implementation
The authority (like ROC, Land Registrar, etc.) makes the correction based on the court order.
🧑⚖️ Example Scenario
🔹 Case:
A shareholder discovers that their name is missing from the company’s Register of Members, even though they legally own shares.
🔹 Action:
They approach the Company Law Tribunal for rectification.
🔹 Outcome:
The tribunal, after reviewing evidence, orders the company to insert the name in the register, and the company must comply.
✅ Key Points to Remember
A court order is needed when administrative correction isn’t possible.
The amendment has legal force once the order is issued.
Authorities are bound to comply with the court’s directions.
It is usually a remedy for serious errors or disputes involving rights.
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