https://www.taxtmi.com/caselaws?id=800193 Waiver under the proviso to Section 244(1)(b) may preserve maintainability of oppression and mismanagement proceedings where the required member support is established. For a company without share capital, consent of at least one-fifth of total members satisfies the statutory eligibility threshold; reliance on an accepted electoral list showed that 209 consents exceeded that requirement. Filing a waiver application after the company petition, as a precaution during a membership dispute, does not itself invalidate the petition. Allegations that consents were forged or uninformed require proof from the alleging party. Waiver jurisdiction addresses eligibility, not the merits of the underlying oppression and mismanagement claims. en-us Wed, 30 Sep 2026 00:00:00 +0530 Sat, 03 Oct 2026 09:32:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=800193 Waiver under the proviso to Section 244(1)(b) may preserve maintainability of oppression and mismanagement proceedings where the required member support is established. For a company without share capital, consent of at least one-fifth of total members satisfies the statutory eligibility threshold; reliance on an accepted electoral list showed that 209 consents exceeded that requirement. Filing a waiver application after the company petition, as a precaution during a membership dispute, does not itself invalidate the petition. Allegations that consents were forged or uninformed require proof from the alleging party. Waiver jurisdiction addresses eligibility, not the merits of the underlying oppression and mismanagement claims. Case-Laws Companies Law Wed, 30 Sep 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=800193