397/398 – Powers of CLB to set-aside agreements and charges etc. – Indian Company Law

I have been writing articles continuously on section 397/398 of the Companies Act, 1956 touching complicated and interesting areas as I feel. I am of the strong opinion that for good corporate growth, the law governing corporates or the companies should be clear and there should be an “effective redressel mechanism”. A lot actually has [...]

397/398 – Company Law Board – Forum Shopping – Indian Company Law

Introduction:
It is a fact that it is very rare to see a petition by a group of minority or majority under section 397/398 of the Companies Act, 1956 in listed Public Companies. As everybody knows a Company needs to get qualified as per SEBI (DIP) regulations and should satisfy other requirements before getting its shares [...]

Petition under section 397/398 – maintainability – a case study – Indian Company Law?

I have been writing articles on various issues touching the corporate world and especially the issues under Companies Act, 1956. I was concentrating more on the law pertaining to Oppression and Mismanagement as dealt with under section 397/398 of the Companies Act, 1956.  Law governing the rights of the minority, the propriety of the majority [...]

397/398 – The Role Of Company Law Board – Indian Company Law

As we all aware, section 397/398 of the Companies Act, 1956 deals with oppression and mismanagement and the protection to the minority against the majority. The law makers could not have expected that a situation will come where a majority are harassed or oppressed by the minority. Sections 397/398 and other connected provisions of companies [...]

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