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Companies Law - Highlights / Catch Notes

Home Highlights January 2021 Year 2021 This

Writ appeal against writ petition entertained by the Ld. Single ...


Appeal Filed Against Misuse of Article 226 in Private Shareholder Dispute; Jurisdiction Error Identified by Court.

January 8, 2021

Case Laws     Companies Law     HC

Writ appeal against writ petition entertained by the Ld. Single Judge - private parties - mismanagement and oppression of majority shareholders - Material on record discloses that the dispute between the first respondent company and its shareholders, under challenge, is purely a civil dispute. The remedy under Article 226 of the Constitution of India is available against a State or authority or instrumentality of the State, falling within the ambit of the definition "State" under Article 12 of the Constitution of India - there is an error in exercising the jurisdiction under Article 226 of the Constitution of India - HC

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