AN ANALYSIS OF MISMANAGEMENT AND OPPRESSION UNDER COMPANIES ACT, 2013
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Abstract
The rise of mismanagement and oppression in the companies in the corporate world is proving fatal for the shareholders whose nemesis lies with the company. The role of independent directors is only working out on papers and has no practicality left. Special Fraud Investigation
Office’s being controlled by the central government does not give them the suo-moto power to try cases which could lead to favouritism on the part of the government.
The relevant grounds and procedure as to how a complaint can be filed under the Companies Act would be dealt along with the power of the Courts to try the cases under their jurisdiction.
The research paper would be analysing the McDonald’s India case, Satyam case bringing in the ‘class-action’ suit and the contemporary case of Cyrus Mistry with the decisions taken by the NCLT and the NCLAT. The researcher would be providing suggestive remedies to curb this practice in the companies and to protect the rights of the minority shareholders, independent directors.
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