oppression and mismanagement

CO-ORDINATION –The Essence of Management Practices

Corporate Law - Coordination is the very important aspect in any Organization. It brings unity of action and integrates different activities of organization. Coordination is the most important function of an organization. It refers to bringing together the activities of an organization to achieve the objectives...

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397/398 – Oppression and Mismanagement – Bonafides – A Case Study – Indian Company Law?

Corporate Law - We can find so many judgments of Constitutional Courts on section 397/398 of the Companies Act, 1956 and the courts have ruled and maintained some principles as to how the provisions of section 397/398 of the Companies Act, 1956 are to be interpreted. I feel that despite the settled legal principles, the facts of each case to be carefully...

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397/398 – Oppression and Mismanagement – private companies – need of adhering to corporate regulations – a case study

Corporate Law - When there exist serious disputes between groups, one group tends to approach Company Law Board or the Company Court. Usually, when there are serious disputes, one group approaches the Company Law Board under section 397/398 of the Companies Act, 1956 alleging oppression and mismanagement....

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Petition under section 397/398 –Indian Company Law – Issue of subsequent events and happenings

Corporate Law - I personally feel that an application under section 397/398 of the Companies Act, 1956 is a serious thing exposing serious misunderstandings between majority and minority group in the Company. We see this groupism in private limited companies and closely held public companies too at times....

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Mismanagement of Company Properties – Company Law in India – A Case Study

Corporate Law - Company Law is very interesting and complicated. A shareholder having a substantial stake in the Company should be very careful as to how the Company functions and as to whether there is any chance for oppression and mismanagement. A substantial shareholder in a Company should always have an eye on the functioning of the Company and shou...

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Recent Posts in "oppression and mismanagement"

CO-ORDINATION –The Essence of Management Practices

Coordination is the very important aspect in any Organization. It brings unity of action and integrates different activities of organization. Coordination is the most important function of an organization. It refers to bringing together the activities of an organization to achieve the objectives...

Read More
Posted Under: Company Law |

397/398 – Oppression and Mismanagement – Bonafides – A Case Study – Indian Company Law?

We can find so many judgments of Constitutional Courts on section 397/398 of the Companies Act, 1956 and the courts have ruled and maintained some principles as to how the provisions of section 397/398 of the Companies Act, 1956 are to be interpreted. I feel that despite the settled legal principles, the facts of each case to be carefully...

Read More
Posted Under: Company Law |

397/398 – Oppression and Mismanagement – private companies – need of adhering to corporate regulations – a case study

When there exist serious disputes between groups, one group tends to approach Company Law Board or the Company Court. Usually, when there are serious disputes, one group approaches the Company Law Board under section 397/398 of the Companies Act, 1956 alleging oppression and mismanagement....

Read More
Posted Under: Company Law |

Petition under section 397/398 –Indian Company Law – Issue of subsequent events and happenings

I personally feel that an application under section 397/398 of the Companies Act, 1956 is a serious thing exposing serious misunderstandings between majority and minority group in the Company. We see this groupism in private limited companies and closely held public companies too at times....

Read More
Posted Under: Company Law |

Mismanagement of Company Properties – Company Law in India – A Case Study

Company Law is very interesting and complicated. A shareholder having a substantial stake in the Company should be very careful as to how the Company functions and as to whether there is any chance for oppression and mismanagement. A substantial shareholder in a Company should always have an eye on the functioning of the Company and shou...

Read More
Posted Under: Company Law |

A Brief on Complications under Section 397/398 of Companies Act, 1956 – Indian Company Law

an effective enforcement of provisions like 397/398 of the Act and the protection of rights of all shareholders without any scope for misuse or abuse is very important for the growth of industry or the corporate world. It is true that we have good regulations regulating the functioning of listed public companies, but, a good focus also to...

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Posted Under: Company Law |

Is Redressal Under Section 397/398 of Companies Act, 1956 Effective?

Section 397 and 398 of the Companies Act, 1956 deals with “oppression” and “mismanagement” by the majority in a Company against the Minority Shareholders. How to construe “minority” for the purpose of section 397/398 is dealtwith under section 399 which prescribes qualification to approach the Company Law Board under section 3...

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Posted Under: Company Law |

Low dividend or no dividend by a Company cannot be termed as oppression of minority shareholders

It is well established position that Articles of a Company are constituent document and are binding on the Company and its Directors. As aforesaid, the intention of Article 57 is that the share capital of the Company remains within the close knit group and nothing more. On the plain language of the said provision and the intent behind it,...

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Posted Under: Company Law |

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