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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
How to appeal an NCLT order to the NCLAT
An order of the National Company Law Tribunal can change control of a company overnight. An admission order under the Insolvency and Bankruptcy Code, 2016 triggers a moratorium and
Oppression and Mismanagement Remedy under the Companies Act
Company law generally leaves the running of a company to the majority. Directors are appointed by majority vote, resolutions are carried by majority, and a shareholder who disagree
Section 7 vs Section 9 IBC application: which applies to you
When a creditor is owed money by a defaulting company, the Insolvency and Bankruptcy Code, 2016 raises a threshold question: which provision applies? Section 7 is available to a fi
NCLT Ahmedabad Jurisdiction: Which Disputes Can Be Filed Before the Bench?
The National Company Law Tribunal (NCLT) is a key forum for corporate disputes in India, particularly matters arising under the Companies Act, 2013 and the Insolvency and Bankruptc
Oppression and Mismanagement: Section 241 Companies Act 2013
Introduction: Understanding Member Rights in Corporate Governance The recent pronouncement by the National Company Law Appellate Tribunal (NCLAT), Chennai Bench, has brought renewe
