https://www.taxtmi.com/caselaws?id=233989 Joint venture agreement voting rights bind a company only when incorporated into its articles of association. Clause 6.2 of the JVA, granting an affirmative vote to a shareholder, could not be enforced against the company without a corresponding amendment to the AoA; the JVA could not override the AoA. Section 9 of the Companies Act, 1956 renders agreements or constitutional provisions repugnant to the Act void and applies to private as well as public companies. A fresh Board meeting was directed, while enforcement of the JVA voting clause was excluded. The validity of share transfers and resulting shareholding changes remained subject to determination in oppression and mismanagement proceedings, including just and equitable relief. en-us Fri, 15 Mar 2013 00:00:00 +0530 Fri, 24 May 2013 08:45:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233989 Joint venture agreement voting rights bind a company only when incorporated into its articles of association. Clause 6.2 of the JVA, granting an affirmative vote to a shareholder, could not be enforced against the company without a corresponding amendment to the AoA; the JVA could not override the AoA. Section 9 of the Companies Act, 1956 renders agreements or constitutional provisions repugnant to the Act void and applies to private as well as public companies. A fresh Board meeting was directed, while enforcement of the JVA voting clause was excluded. The validity of share transfers and resulting shareholding changes remained subject to determination in oppression and mismanagement proceedings, including just and equitable relief. Case-Laws Companies Law Fri, 15 Mar 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233989