Articles by Durga Rao
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Is relief under section 397/398 of Companies Act effective?
A brief about section 397/398: Section 397 and 398 of the Companies Act, 1956 deals with “oppression” and “mismanagement” by the majority in a Company against the Minority Shareholders. How to construe “m
Company Law Board - procedure - needed reforms
I have been writing articles on Company Law in India, issues touching the corporate world and especially issues pertaining to Company dispute resolution mechanism. The state is supposed to do everything that is required for the betterment o
How to pursue courses like CA and CS as I think?
I have been writing articles on various issues connected to corporate world, corporate law, and legal profession and especially about Judiciary in India. I will be writing articles pursing my academic interest apart from my professional respon
Company dispute adjudication mechanism?
Company dispute resolution mechanism – Company Law in India: With the experience of looking at the litigation before the Company Law Board and the Company Court, with the privilege of looking at various judgments under the provisions of Compa
Opression and Mismanagement - an interesting issue
Earlier, I have written few articles on oppression and mismanagement under section 397/398 of Companies Act, 1956. After looking into an interesting angle while dealing with a Company issue, I have decided to present that inviting comments fro
Mismanagement in family companies - a case study
I have earlier written some articles dealing the issue of oppression and mismanagement under section 397/398 of Companies Act, 1956. I am of the opinion that the company law is very very complicated world wide in view of its complicated struc
Non-compliance of provisions - Opression and Mismanagement
Whether mere non-compliance of the provisions be construed as “Oppression” and “Mismanagement” under Company Law? It is known that section 397/398 of the Companies Act, 1956 enables the members to question the “o
Nature of remedy under section 397/398 - Company Law
The Companies Act, 1956 governs the incorporation, management and winding-up of any company in India. There will be differences among members or between groups in private companies and closely held public companies very often. One group may
Why do Arbitration proceeding too gets delayed?
In order to address the issue of delay before Traditional Courts and in order to decrease the burden of courts, Alternative Dispute Resolution Mechanism was mooted and now everybody is aware of Arbitration proceedings. As everybody knows, Arbitratio
Law of Arbitration - Company matters?
In order to reduce the delay in courts and in the process of traditional adjudication mechanism, the Alternative Disposal Mechanism (ADR) was mooted. The dispute resolution through Conciliation, Arbitration and Mediation etc., is regarded as a
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