https://www.taxtmi.com/caselaws?id=195643 A minority shareholder may bring a derivative action only in exceptional circumstances, where the suit is bona fide for the company's benefit, the claimant comes with clean hands, and the company cannot act because wrongdoers control it; on the facts, those conditions were not met and interim restraint over the patents was refused. Patents standing in the managing director's name were also not shown to be company assets or trust property, because the employment contract did not impose a duty to invent, the pleadings did not establish creation of the inventions in the course of company duties, and the materials relied on did not bring the case within fiduciary or trust principles; the claim for interlocutory relief failed. en-us Fri, 12 Dec 2014 00:00:00 +0530 Mon, 06 Nov 2017 21:04:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195643 A minority shareholder may bring a derivative action only in exceptional circumstances, where the suit is bona fide for the company's benefit, the claimant comes with clean hands, and the company cannot act because wrongdoers control it; on the facts, those conditions were not met and interim restraint over the patents was refused. Patents standing in the managing director's name were also not shown to be company assets or trust property, because the employment contract did not impose a duty to invent, the pleadings did not establish creation of the inventions in the course of company duties, and the materials relied on did not bring the case within fiduciary or trust principles; the claim for interlocutory relief failed. Case-Laws Companies Law Fri, 12 Dec 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195643