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Class Action or Derivative Action in Indian Company Law? Who Owns the Claim When the Wrong Is Done to the Company
A shareholder discovers that the promoters have diverted the company’s assets. The loss is the company’s; the board will not sue itself; the shareholder wants it back.
Class Action under Section 245 of Companies Act: The Lower-Threshold Route for Shareholders and Depositors
Indian company law is usually described as having one collective remedy for aggrieved shareholders: the oppression and mismanagement petition under sections 241 and 242. It has two
NCLAT Appeal Limitation: The 45-Day Clock, the Certified Copy, and What Can Actually Be Challenged
More appeals to the National Company Law Appellate Tribunal fail on limitation than on the merits. NCLAT appeal limitation is unforgiving by design: there are two different clocks
Section 244 Waiver: How a Shareholder Below the 10% Threshold Gets Into the NCLT
A shareholder who believes a company’s affairs are being run oppressively cannot simply walk into the National Company Law Tribunal. Section 241 of the Companies Act 2013 con
Oppression and Mismanagement under Sections 241–242: A Shareholder’s Guide to NCLT and NCLAT Remedies
A shareholder who is being squeezed out of a company he helped build has one distinctive statutory weapon: the remedy for Oppression and Mismanagement under Sections 241 242 of the
Polluting Company’s Turnover as a Relevant Factor to Determine Environmental Damage Compensation
Introduction Environmental degradation has emerged as one of the most pressing challenges facing India today, with industrial pollution, unauthorized construction, and violations o
NCLT Approval Not Required for Criminal Complaints in High Court Wound-Up Companies: Kerala High Court Ruling
Introduction The intersection of corporate insolvency proceedings and criminal prosecution has long presented complex jurisdictional questions in Indian jurisprudence. The recent j
Private Limited Company Registration Online in India – Step-by-Step Guide
Starting a new business in India often comes with the big question: Which type of company should I register? For most entrepreneurs, the safest and most trusted option is Private
Death of Partner Section 42 Indian Partnership Act 1932
Introduction The recent Supreme Court judgment in Indian Oil Corporation Limited & Ors. v. M/s Shree Niwas Ramgopal & Ors. [1] has reaffirmed fundamental principles governi
NCLT’s Power to Punish for Civil Contempt: A Comprehensive Legal Analysis of Section 425 of the Companies Act, 2013
Executive Summary The power of the National Company Law Tribunal (NCLT) to punish for civil contempt represents a cornerstone of judicial authority essential for maintaining the sa
