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Companies Law - Highlights / Catch Notes

Home Highlights May 2022 Year 2022 This

An examination of the terms of "Oppression and Mismanagement" ...


Shareholders Can Seek Relief for Oppression and Mismanagement Under Companies Act 1956 & 2013 via National Company Law Tribunal.

May 31, 2022

Notes     Companies Law

An examination of the terms of "Oppression and Mismanagement" under the Companies Act, 1956 and 2013. - Notes

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

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

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

  4. Oppression and mismanagement - removal of the Petitioner from the Directorship - the instant Company Petition is maintainable U/s.241 of the Companies Act, 2013, and the...

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

  6. 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...

  7. NCLAT dismissed the appeal, upholding the NCLT's discretionary waiver of eligibility criteria under Section 244(1)(b) of the Companies Act, 2013. The tribunal considered...

  8. Oppression and Mismanagement - This ‘Tribunal’ keeping in mind of the ingredients of Section 241 and 242 of the Companies Act, 2013 comes to a resultant conclusion that...

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

  10. Corporate dispute involving allegations of oppression and mismanagement by equal shareholders. Key points: Oppression implies lack of probity or equity, intention behind...

  11. 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...

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

  13. Oppression and mismanagement - Determination of minimum shareholding for filing complain / petition against the company - The ‘onus’, to establish ‘Membership’ is on the...

  14. Oppression and mismanagement - the Applicants are seeking entirely new reliefs and the said reliefs are in the nature of fresh cause of action and completely out of the...

  15. Oppression and mismanagement - It is admitted fact that the major portion of the equity shares (2/3rd) are held by the 1st and 3rd petitioners and the 2nd Respondent...

 

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