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Arbitrability of disputes relating to oppression and mismanagement

By: Material type: Mixed materialsMixed materialsPublication details: 2012Description: 1088-1092Subject(s): NLM classification:
  • 658
In: CHARTERED SECRETARYMSummary: 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.
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Periodicals/Magazines Periodicals/Magazines SSCBS Library 42/9 Available P14513

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.

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