Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
Maintainability of an appeal depended on the power the tribunal purported to exercise, so a challenge to an order moved and dealt with under Section 17 was examinable under Section 37(2)(b), though the order was not a routine joinder order. On merits, the tribunal correctly preserved the parties' positions by allowing the same person already connected to the arbitration to participate also as trustee, pending the unresolved issue whether he had ceased to be a partner. The Court distinguished legal ownership from beneficial enjoyment, noted that a trust is not a separate legal entity, and found no perversity or error of law. The petition was rejected.
Maintainability of an appeal depended on the power the tribunal purported to exercise, so a challenge to an order moved and dealt with under Section 17 was examinable under Section 37(2)(b), though the order was not a routine joinder order. On merits, the tribunal correctly preserved the parties' positions by allowing the same person already connected to the arbitration to participate also as trustee, pending the unresolved issue whether he had ceased to be a partner. The Court distinguished legal ownership from beneficial enjoyment, noted that a trust is not a separate legal entity, and found no perversity or error of law. The petition was rejected.
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