An examination of the remedies available to shareholders in cases of oppression and mismanagement in light of recent judgements

Moirangthem, Siddhanth and Goel, Shresth (2021) An examination of the remedies available to shareholders in cases of oppression and mismanagement in light of recent judgements. Indian Journal of Law and Legal Research, 4 (4). pp. 1179-1189. ISSN 2582-8878

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Abstract

The practices of Special and Ordinary resolutions as envisaged in S.114 of the Company Act, 2013 reflects Democratic arrangements in General Administrative functioning of Company, i.e. the rule of majority. In the legal context, it was the early case of Foss v. Harbottle which established its legitimacy and added that the Courts will not ordinarily intervene in the internal matters of the Company.1 The understanding that all shareholders work towards maximizing the company’s benefit lacks prudency in the practical realm. Decisions are rather based on number of votes received for the proposal, irrespective of the merit in the proposal.

Item Type: Article
Uncontrolled Keywords: shareholders | cases of oppression | mismanagement | judgements
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Divisions: Jindal Global Law School
Depositing User: Mr. Arjun Dinesh
Date Deposited: 14 Sep 2022 12:38
Last Modified: 01 Apr 2026 05:15
Official URL: https://doi-ds.org/doilink/08.2022-55285429/IJLLR/...
URI: https://pure.jgu.edu.in/id/eprint/4517

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