Oppressive - Companies Law Ready Reckoner - Companies Law

Oppressive means In Halsbury s Laws of England , 4th Edn., Vol. 7, para 1011, it is stated: 1011. Conduct amounting to oppression. In this context, oppressive means burdensome, harsh and wrongful. It does not include conduct which is merely inefficient or careless. Nor does it include an isolated incident; there must be a continuing course of oppressive conduct, which must be continuing at the date of the hearing of the petition. Further, the conduct must be such as to be oppressive to the petitioner in his capacity as a member; whatever remedies he may have in respect of exclusion from the company s business by being dismissed as an employee or a director, he will have none under the provisions relating to oppression. On the other hand, these provisions are not confined merely to conduct designed to secure pecuniary advantage to the oppressors; they cover the case of wrongful usurpation of authority, even though the affairs of the company prosper in consequence. [Emphasis supplied] KAMAL KUMAR DUTTA VERSUS RUBY GENERAL HOSPITAL LTD.- 2006 (8) TMI 313 - SUPREME COURT