Independent professional certification requires pleaded knowledge or complicity for criminal liability; untimely complaints remain barred by limitatio...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Unadjudicated assertions in pleadings filed before the Supreme Court do not establish the legal correctness of those assertions or bind other courts on the statute governing a company. The Court-of-Record status under Article 129 confirms the record of what was asserted, while binding force under Article 141 arises only from law declared by the Supreme Court. The applicable company-law regime must be determined from the statutory framework and the company's objects, activities and operational circumstances. The notes also explain that mandamus ordinarily requires a prior distinct demand to the statutory authority and its refusal or neglect; without those prerequisites, mandamus cannot issue.
Unadjudicated assertions in pleadings filed before the Supreme Court do not establish the legal correctness of those assertions or bind other courts on the statute governing a company. The Court-of-Record status under Article 129 confirms the record of what was asserted, while binding force under Article 141 arises only from law declared by the Supreme Court. The applicable company-law regime must be determined from the statutory framework and the company's objects, activities and operational circumstances. The notes also explain that mandamus ordinarily requires a prior distinct demand to the statutory authority and its refusal or neglect; without those prerequisites, mandamus cannot issue.
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