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    <title>1961 (5) TMI 43 - HIGH COURT OF CALCUTTA</title>
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    <description>Relief under Section 397 is confined to situations where the company&#039;s affairs are being conducted oppressively in a continuous manner and where winding up would unfairly prejudice the member despite facts otherwise justifying winding up; both limbs must be proved with particulars and established affirmatively. Isolated denials of inspection, unproven operational lapses (ticketless travel, undercharging, fuel use, undervalue sales), discretionary dividend policy, and technical defects in an explanatory statement do not alone constitute oppression. Where the shareholder had prior knowledge, meeting notice insufficiency does not convert into oppression. Petition dismissed for failure to prove the statutory standard.</description>
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    <pubDate>Wed, 10 May 1961 00:00:00 +0530</pubDate>
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      <title>1961 (5) TMI 43 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=97871</link>
      <description>Relief under Section 397 is confined to situations where the company&#039;s affairs are being conducted oppressively in a continuous manner and where winding up would unfairly prejudice the member despite facts otherwise justifying winding up; both limbs must be proved with particulars and established affirmatively. Isolated denials of inspection, unproven operational lapses (ticketless travel, undercharging, fuel use, undervalue sales), discretionary dividend policy, and technical defects in an explanatory statement do not alone constitute oppression. Where the shareholder had prior knowledge, meeting notice insufficiency does not convert into oppression. Petition dismissed for failure to prove the statutory standard.</description>
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      <pubDate>Wed, 10 May 1961 00:00:00 +0530</pubDate>
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