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Companies Law - Highlights / Catch Notes

Home Highlights May 2019 Year 2019 This

Oppression and mismanagement - Theft of documents - use of ...


Court Rules Use of Documents in Mismanagement Case Not Theft; No Dishonest Intent Found Under IPC Sections 378 & 380.

May 11, 2019

Case Laws     Companies Law     SC

Oppression and mismanagement - Theft of documents - use of (such) documents in judicial proceedings is to substantiate their case namely, “oppression and mismanagement” of the administration of appellant-Company and their plea in other pending proceedings and such use of the documents in the litigations pending between the parties would not amount to theft. No “dishonest intention” or “wrongful gain” could be attributed to the respondents and there is no “wrongful loss” to the appellant so as to attract the ingredients of Sections 378 and 380 IPC. - SC

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