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Though the object of SARFAESI Act, 2002 is very good aiming at reducing Non-Performing Assets (NPA), the Constitutional Courts had to interpret the provisions of the Act dealing with many complicated issues and keeping in view the in ..
As the shareholders of a Company can not meet so often to take decisions on day-to-day functions of the Company, directors are elected by the shareholders in accordance with the provisions of the Companies Act, 1956. Ultimate control over the dire ..
The study of various judgments of High Court and Supreme Court under section 397/398 of Companies Act, 1956 speak volumes about the complications in dealing with the cases of oppression and mismanagement under section 397/398 of Comp ..
We all know the object of SARFAESI Act, 2002. There was a need to enable the Banks to speedily recover their loans and by approaching Civil Courts earlier, they could not effectively recover the loans and as a result Banks doing business with publ ..
Section 397/398 of the Companies Act, 1956 provides a relief to the minority against the majority if the majority indulges in the oppressive acts and the acts of mismanagement. It is not that every shareholder can avail the remedy available under ..
CLBs responsibility to supervise the Company affairs even after passing final orders in a petition under section 397/398? In any litigation, the Court or the authority adjudicating the matter can pass interim orders and the matter will get ..
No lis lies when there is no live claim or the cause of action and it is settled legal principle. The requirement of having a live claim for seeking relief is also been highlighted by the Honble Apex Court while dealing with the scope of p ..
It is a fact that people are afraid to approach Courts in this Country except in some cases. General perception now is that it is not worthy to approach courts even if there exist a right cause. It is also being criticized that the legal set-up i ..
The enactment of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has facilitated an easy mode of recovery of loan for the banks where there is a Secured Asset and it ..
I have been continuously focusing at the complications in the corporate world and especially about the protection to the shareholders in a Company. I have seen cases where the majority does everything in order to deny the rightful share of the min ..
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