Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars l...
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Whether challenged rights issues, consequent allotments and share transfers constituted oppression or mismanagement was considered; Tribunal held the Board acted within the Articles of Association and statutory powers in increasing authorised capital and making rights allotments, the contractual and statutory conditions were satisfied, and therefore the actions did not amount to oppression or mismanagement. An interim/anticipatory prayer to restrain loss of promoter status was dismissed as premature because it rested on apprehension without a concrete act; the appellants were left free to seek relief if an actual oppressive or mismanagement act occurs. Appeal dismissed.
Whether challenged rights issues, consequent allotments and share transfers constituted oppression or mismanagement was considered; Tribunal held the Board acted within the Articles of Association and statutory powers in increasing authorised capital and making rights allotments, the contractual and statutory conditions were satisfied, and therefore the actions did not amount to oppression or mismanagement. An interim/anticipatory prayer to restrain loss of promoter status was dismissed as premature because it rested on apprehension without a concrete act; the appellants were left free to seek relief if an actual oppressive or mismanagement act occurs. Appeal dismissed.
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