Articles by Durga Rao

A Student can think more?

Posted by Durga Rao 20 June 2011 19607 Views

Many a students pursuing professional courses like CA and CS focus on their syllabus, revision and the focus remains on completing the course. These students feel that they are secured once they complete their course and there can be exceptions.

My dear friends "nothing is impossible"

Posted by Durga Rao 26 March 2011 19012 Views

All appreciation to the students and professionals advising younger generation; professionals though their writing and useful discussion

Judgments - Writing & Understanding?

Posted by Durga Rao 11 March 2011 11699 Views

Students of Law, CA and CS and the professionals alike study and discuss the judgments of Courts of Law regularly. If the legal professionals study the latest cases of Constitutional Courts especially Supreme Court in relation his brief, the Chart

CLB: Procedure before CLB under section 397/398?

Posted by Durga Rao 01 March 2011 13334 Views

There was a specific objective behind section 397/398 of the Companies Act, 1956 and a great responsibility is cast upon the Company Law Board to protect the interests of the minority shareholders, to put an end to the matters complained of and to

CLB's power to set-aside Agreements/Contracts under section

Posted by Durga Rao 21 February 2011 5471 Views

There can be disputes between majority group and minority shareholders in any Company and these disputes come very frequently in closely held companies or Private Limited Companies. The Companies Act, 1956 provides certain rights to the shareholde

CLB's power and responsibility under section 402?

Posted by Durga Rao 15 February 2011 10321 Views

CLBs responsibility to supervise the Company affairs even after passing final orders in a petition under section 397/398? In any litigation, the Court or the authority adjudicating the matter can pass interim orders and the matter will get

Books of Account - allegations of mismanagement?

Posted by Durga Rao 07 February 2011 11121 Views

Despite the clear regulations in the Companies Act, 1956 as to how every Company should record its transactions, maintain books of account and should submit the approved Financial Statements with the ROC, financial transactions in some closely hel

Directors' responsibility, disputes and remedies?

Posted by Durga Rao 31 January 2011 13630 Views

As the shareholders of a Company can not meet so often to take decisions on day-to-day functions of the Company, directors are elected by the shareholders in accordance with the provisions of the Companies Act, 1956. Ultimate control over the dire

Construing 'consent' under section 399 of Companies Act?

Posted by Durga Rao 28 January 2011 10828 Views

Section 399 of Companies Act, 1956 deals with the issue of qualification to file an application under section 397/398 of Companies Act, 1956 seeking appropriate relief when there exists oppression and mismanagement in the Company. The qualificati

Ascertaining 'Oppression' under section 397 of Companies Act

Posted by Durga Rao 18 January 2011 14142 Views

The study of various judgments of High Court and Supreme Court under section 397/398 of Companies Act, 1956 speak volumes about the complications in dealing with the cases of oppression and mismanagement under section 397/398 of Comp