Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
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...
Sections 397, 398 and 399 were construed in an equitable and remedial manner, so the expression "member" was not confined to formal entry in the register of members under Section 41(2). The SC accepted that Section 2(27) provides a wider membership framework and that strict insistence on register entry would defeat protection against oppression and mismanagement. On the facts, the company had consistently acknowledged the respondent's proprietary stake through correspondence, conciliation material, his appointment as Managing Director, rebranding linked to his concern, and acceptance of his investment. Those circumstances justified treating him as a member for the limited purpose of invoking the statutory remedy, and the appeals were dismissed.
Sections 397, 398 and 399 were construed in an equitable and remedial manner, so the expression "member" was not confined to formal entry in the register of members under Section 41(2). The SC accepted that Section 2(27) provides a wider membership framework and that strict insistence on register entry would defeat protection against oppression and mismanagement. On the facts, the company had consistently acknowledged the respondent's proprietary stake through correspondence, conciliation material, his appointment as Managing Director, rebranding linked to his concern, and acceptance of his investment. Those circumstances justified treating him as a member for the limited purpose of invoking the statutory remedy, and the appeals were dismissed.
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