Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Companies Law - Highlights / Catch Notes

Home Highlights November 2015 Year 2015 This

Maintainability of petition under sections 397 & 398 of the ...


Petition on Oppression and Mismanagement Valid u/ss 397 & 398 Despite Withdrawal of Related Suit.

November 6, 2015

Case Laws     Companies Law     Board

Maintainability of petition under sections 397 & 398 of the Companies Act 1956 - oppression and mismanagement - withdrawal of suit without liberty will not make this CP non-maintainable. For having the respondents failed to establish that this petition is not maintainable, on the allegations referred above, hereby decide this issue against the respondents. - CLB

View Source

 


 

You may also like:

  1. Oppression and mismanagement - Transfer of shares - Once it is accepted that the Appellant can also challenge the transfer of shareholding as being oppressive and as...

  2. Oppression and Mismanagement - Principles of quasi partnership - The private agreements can neither be sought to be enforced nor their breach give any cause of action to...

  3. Oppression and mismanagement - issuance of 30,000 equity shares by private placements - From the facts of this case, it is clear that Respondent nos. 2 and 3 had...

  4. The NCLAT upheld the NCLT's decision to refuse waiver u/ss 244(1)(a) and (b) of the Companies Act 2013 to the Appellants, who held only 5.83% shareholding, to file an...

  5. Oppression and mis-management - The discretionary power under Section 402 of the Companies Act are residuary in nature and in addition to the powers available to the CLB...

  6. Application for withdrawal of the proceedings - That a proceeding under Section 397 of companies act could not be equated with a civil suit - not allowed to be withdrawn - HC

  7. Application u/s 8 of the Arbitration and Conciliation Act, 1996 - Whether the dispute raised in a properly filed petition under sections 397, 398, 402 and 403 of the...

  8. The petitions were dismissed due to delay, laches, and failure to avail the alternate efficacious remedy of revision petitions u/s 397 of CrPC. The inherent powers u/s...

  9. The petition alleges oppression and mismanagement by the company's majority shareholders against the petitioners, who were removed as directors through an Extraordinary...

  10. Continuation of petition for Oppression and Mismanagement by the legal heir of deceased petitioner - the son can hardly maintain the company petition which is filed by...

  11. Maintainability of petition before NCLT - oppression and mismanagement - contentions in application u/s 17 of the Arbitration and Conciliation Act and the contentions in...

  12. Maintability of appeal - It would be unsafe to match the colour of one case with that of the other indiscriminately - CLB was right in its view that ITNL was a “member”...

  13. The crux of the matter revolves around allegations of oppression, mismanagement, illegal sale of company land, allotment of equity shares, appointment and removal of...

  14. Oppression and mismanagement - appellant has no inherent right to continue as Managing Director/Director in the 1st respondent unless he is able to carry the majority...

  15. Oppression and Mismanagement - bogus transactions - siphoning of funds - The allegation is an isolated incident and in order to invoke provisions of Oppression and...

 

Quick Updates:Latest Updates