Arbitrability of disputes relating to oppression and mismanagement
THIRUVENGADAM, B C
Arbitrability of disputes relating to oppression and mismanagement - 2012 - 1088-1092
This article distinguishes between contractual rights and statutory rights of a member of a company. The statutory rights are further classified and the importance of qualified minority rights of a member are discussed. It also discusses aplication of these rights under section 397 and 398 of the company act, 1956 and non application of it in a winding up petition under just and equitable grounds. It also highlights that a proceeding under oppression and mismanagement is a proceeding in rem and powers under section 402 of the comapany act, 1956.
DISPUTES MISMANAGEMENT
658
Arbitrability of disputes relating to oppression and mismanagement - 2012 - 1088-1092
This article distinguishes between contractual rights and statutory rights of a member of a company. The statutory rights are further classified and the importance of qualified minority rights of a member are discussed. It also discusses aplication of these rights under section 397 and 398 of the company act, 1956 and non application of it in a winding up petition under just and equitable grounds. It also highlights that a proceeding under oppression and mismanagement is a proceeding in rem and powers under section 402 of the comapany act, 1956.
DISPUTES MISMANAGEMENT
658