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Articles by Member (Account Deleted)

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Eviction of Tenants under SARFAESI Act, 2002?

  Member (Account Deleted)   21 March 2011 at 20:06

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 ..


Posted in Corporate Law |   4924 Views


Directors’ responsibility, removal, disputes and remedies under section 397/398 of Companies Act?

  Member (Account Deleted)   17 March 2011 at 22:30

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 ..


Posted in Corporate Law |   4651 Views


How to ascertain ‘oppression’ under section 397 of Companies Act, 1956?

  Member (Account Deleted)   17 March 2011 at 22:29

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 ..


Posted in Corporate Law |   4525 Views


SARFAESI & DRT: Few important issues under SARFAESI Act, 2002

  Member (Account Deleted)   15 March 2011 at 18:54

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 ..


Posted in Corporate Law  2 comments |   10015 Views


How to look at the issue of 'membership' under section 399 of Companies Act, 1956?

  Member (Account Deleted)   07 March 2011 at 15:26

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 ..


Posted in Corporate Law |   4385 Views


CLB's power and responsibility under section 402?

  Member (Account Deleted)   14 February 2011 at 23:50

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 ..


Posted in Corporate Law  1 comments |   3220 Views


Cause of Action and Limitation to file a Petition under section 397/398 of Companies Act, 1956?

  Member (Account Deleted)   13 February 2011 at 22:58

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 ..


Posted in Corporate Law |   3958 Views


Apex Court can strengthen the legal system in this Country beyond criticism?

  Member (Account Deleted)   13 February 2011 at 22:57

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 ..


Posted in Constitutional Law |   2404 Views


Clubbing of many loan Accounts/transactions – Bank’s ‘Right of lien’ – SARFAESI Act, 2002?

  Member (Account Deleted)   06 February 2011 at 19:41

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 ..


Posted in Corporate Law  2 comments |   3931 Views


Minority Shareholders In A Company – the protection?

  Member (Account Deleted)   06 February 2011 at 19:41

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 ..


Posted in Corporate Law |   4311 Views