https://www.taxtmi.com/caselaws?id=111669 Section 399(4) of the Companies Act, 1956 empowers the Central Government to grant leave for a member to apply under sections 397 and 398 only after forming a preliminary opinion that statutory conditions are satisfied. The text explains that this is an administrative, subjective screening function, not an adjudication of oppression or mismanagement, so the principles of natural justice do not require a pre-decisional hearing to the company. The applicant must comply with Rule 13 by furnishing the required particulars and evidence, and the Government may seek further material if needed. Company participation at this stage is neither mandated by the statute nor required by the nature of the inquiry. en-us Thu, 07 Sep 2006 00:00:00 +0530 Tue, 24 Apr 2012 16:27:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111669 Section 399(4) of the Companies Act, 1956 empowers the Central Government to grant leave for a member to apply under sections 397 and 398 only after forming a preliminary opinion that statutory conditions are satisfied. The text explains that this is an administrative, subjective screening function, not an adjudication of oppression or mismanagement, so the principles of natural justice do not require a pre-decisional hearing to the company. The applicant must comply with Rule 13 by furnishing the required particulars and evidence, and the Government may seek further material if needed. Company participation at this stage is neither mandated by the statute nor required by the nature of the inquiry. Case-Laws Companies Law Thu, 07 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111669