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
IBC - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

Corporate dispute involving allegations of oppression and ...


Shareholder dispute - Oppression, mismanagement by equal owners. Quasi-partnership principles apply. Casting vote misused for self-interest.

Case Laws     Insolvency and Bankruptcy

August 20, 2024

Corporate dispute involving allegations of oppression and mismanagement by equal shareholders. Key points: Oppression implies lack of probity or equity, intention behind actions relevant. No majority shareholder, issue of control over management. Appointment/removal of directors not oppression. Quasi-partnership principles applicable. Casting vote misused for personal benefit after dispute arose. Disqualifying both directors impermissible. Removing casting vote justified to prevent one group's control. Equal shareholders entitled to board representation based on shareholding.

View Source

 


 

You may also like:

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

  2. Refusal to appoint an arbitrator and refer the dispute to the arbitrator - The dispute is with respect to the Share Subscription and Shareholders Agreement which is...

  3. Writ appeal against writ petition entertained by the Ld. Single Judge - private parties - mismanagement and oppression of majority shareholders - Material on record...

  4. Oppression and Mismanagement - minority shareholders - There was no alternative except liquidation or revival of company through other modes including sale of assets to...

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

  6. Oppression and mismanagement - the petitioner has been removed as a Director illegally without following due course of law. Further, the Company is in the nature of...

  7. Oppression and mismanagement - misappropriation of funds - as such no irregularities were found in convening an Extra-Ordinary General Meeting which was requisitioned at...

  8. 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...

  9. There are certain oppression and mismanagement. The relationship between the Majority Shareholders & Minority Shareholders are strained. Hence, there is a need for...

  10. Initiation of CIRP - existence of debt and pre-existing dispute or not - When no action is initiated in respect of the said mismanagement, projecting the mismanagement...

  11. 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...

  12. Oppression and Mismanagement - Allegations of financial mismanagement and irregularities by the promoters/directors - The High court acknowledged that despite the...

  13. Allegation of oppression and mismanagement - The decision of the majority would prevail in the interest of the Company and its shareholders per se. Therefore, he cannot...

  14. Oppression and Mismanagement - The Appellants are Shareholders of the Respondent No. 1 Company and are family members of the other Shareholders. They are concerned with...

  15. Oppression and Mismanagement - Issue of Right Shares - subsequent Rights Issue during the pendency of 1st Rights Issue - gross under-subscription of the rights issue -...

 

Quick Updates:Latest Updates