The unjustness of the just and equitable requirement warrants Its deletion

Gala, Priya (2021) The unjustness of the just and equitable requirement warrants Its deletion. Supremo Amicus, 25. pp. 366-370. ISSN 2456-9704

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Abstract

Due to the existence of the majority rule', corporate democracy, much like political democracy, risks the possibility of becoming a 'tyranny of the majority'. Usually, this leads to the oppression of the minority group.2 In the Indian corporate world, however, the Companies Act, 2013 (hereinafter referred to as the "Companies Act") comes to the rescue of these minority groups and provides them with various recourses like filing a claim for prejudice, oppression, or mismanagement. In this paper, I argue that although the law has provided these recourses, it has also made it insurmountable to claim them by setting a 'harsh' 3 requirement under Section 241 (1) (b) of the Companies Act4 and the same should be deleted.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 24 Mar 2022 08:49
Last Modified: 24 Mar 2022 08:51
URI: https://pure.jgu.edu.in/id/eprint/1806

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