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 August 2022 Year 2022 This

Oppression and mismanagement - maintainability of suit of ...


Civil Courts Can Hear Oppression and Mismanagement Cases; Companies Act Doesn't Bar Jurisdiction Under CPC Section 9.

August 22, 2022

Case Laws     Companies Law     HC

Oppression and mismanagement - maintainability of suit of appellant - Cumulatively, unless, there is specific bar excluding the jurisdiction of the civil Court on any matter, which is also traceable to Companies Act, the jurisdiction of the civil Court to decide the civil dispute is not ousted - what is urged before the civil Court is a dispute civil in nature and the civil Court has jurisdiction under Section 9 of the CPC and the jurisdiction of civil Court is not ousted by Section 241 of the Companies Act. Except Section 241 no other provision is brought to our notice, which ousted the jurisdiction of the civil Court to adjudicate the dispute raised by the plaintiff company. - HC

View Source

 


 

You may also like:

  1. HC allowed appeal. Plaint not barred by res judicata. Civil court has jurisdiction over primary reliefs of declaration of title and partition, despite consequential...

  2. Jurisdiction to entertain and dispose of the Interim Application - Section 231 creates a bar on the jurisdiction of a civil court only where the Adjudicating Authority...

  3. Oppression and Mismanagement - Validity of the Lease Deed - Doctrine of Res Sub-Judice - Appellants argued that the Tribunal overstepped its jurisdiction by setting...

  4. Jurisdiction of civil court / NCLT - appropriate forum for the adjudication of the disputes - The fundamental principle behind the bar on the jurisdiction of the civil...

  5. The High Court found a violation of the principles of natural justice due to the Assessing Authority's denial of an oral hearing opportunity. The court held that even if...

  6. Dishonor of Cheque - Ascertaining nature of transaction - whether a criminal proceeding can be initiated and an accused held guilty when there is already a civil court...

  7. The High Court addressed the jurisdictional conflict between Civil Court and NCLT/NCLAT in a dispute over share transfer/title. The plaint was rejected based on SPA's...

  8. Oppression and mismanagement - Removal of Director - Period of limitation - Time gap of 5 years - The petition filed by the petitioner is prima facie barred by...

  9. Oppression and Mismanagement - the impugned order is a nonspeaking order. The question of Oppression, and Mismanagement, Maintainability and Limitation in the present...

  10. Appointment of directors - jurisdiction of the civil court - There is no remedy provided under the Companies Act for redressal of such a grievance before any particular...

  11. Jurisdiction of civil court u/s 34 of SARFAESI Act was in question. Suit for declaration and permanent prohibitory injunction was rejected by lower courts under Order...

  12. Maintainability of suit - alternative remedy - Prevention of Oppression and Mismanagement - Once it is found that NCLT has jurisdiction, the jurisdiction of the Civil...

  13. Winding Up - Oppression and mismanagement - Jurisdiction of Company Judge VS NCLT - A composite company petition is perfectly maintainable and this Court had the...

  14. 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...

  15. The High Court held that the petitioners have the option to file writ petitions challenging the orders of the Revisionary Authority either before the High Court within...

 

Quick Updates:Latest Updates