Articles by Durga Rao

Construing 'consent' under section 399 of Companies Act?

Posted by Durga Rao 28 January 2011 10847 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 14154 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

How to look at the issue of 'membership' under section 399?

Posted by Durga Rao 17 January 2011 5786 Views

S ection 397/398 of the Companies Act, 1956 provides a relief to the minority against the majority if the majority indulges in the oppressive acts and the acts of mismanagement. It is not that every shareholder can avail the remedy available un

Petition under Section 397/398 - Importance of Prayer?

Posted by Durga Rao 15 January 2011 10603 Views

Every one knows the object of section 397/398 of the Companies Act, 1956 and it is to bring an end to the matters complained of and to regulate the affairs of the Company in future. A great responsibility is cast on the Company Law Board under se

Acquire legal knowledge and it will help you

Posted by Durga Rao 15 January 2011 11223 Views

Students pursuing CA and CS will study the subject of law too as part of their syllabus and the ICAI and ICSI do lay due emphasis on conceptual issues and many fundamental legal concepts. But, what I observe is that the students pursuing CA and C

Can a borrower dispute the outstanding due under section 17

Posted by Durga Rao 20 December 2010 6918 Views

We all aware of the object behind SARFAESI Act, 2002 and it is to enable the banks to recover the debts speedily and to enable the banks to reduce NPAs. Despite lot of criticism that SARFAESI Act, 2002 is draconian law and it enables the Banks to ha

Minority Shareholders In A Company - the protection?

Posted by Durga Rao 15 December 2010 15086 Views

I have been continuously focusing at the complications in the corporate world and especially about the protection to the shareholders in a Company. I have seen cases where the majority does everything in order to deny the rightful share of the mino

Law of Arbitration - section 397/398 of Companies Act?

Posted by Durga Rao 23 November 2010 11824 Views

A brief: Alternative Dispute Resolution Mechanism (ADR) is encouraged in view of the fact that there exists an unreasonable delay in the Courts. Among the other modes of Alternative Dispute Resolution (ADR), dispute resolution through Arbitration

Is it correct to blame Advocates and Courts for delay?

Posted by Durga Rao 13 November 2010 6058 Views

Note: I have thought many times before posting the following brief as it is not directly connected to the CA and CS students or the professionals, however, finally I thought that there is nothing in posting article dealing with an important issue in

Conceptual understanding takes you to success?

Posted by Durga Rao 12 November 2010 13336 Views

I am writing this brief with lot of expectation from student community and also from the young professionals servicing the corporate world or the society. Whenever I get an opportunity, I would like to talk to students and listen to them as there ar