Oppression and Mismanagement remedy u/s 241 with Draft Petition format

Oppression and Mismanagement remedy u/s 241 with Draft Petition format

Section 241 read with section 242
Analysis of this section with some question
  • Has the meaning of oppression changed?
  • How do the significant changes in other provisions of the companies act, 2013 affect the scope of mismanagement ?

Oppression

An act of cruelty, severity ,domination or excessive use of authorityAn act or omission may also amount to oppressive conduct if it is designed to achieve an unfair advantage.
Oppression means burdensome, harsh and wrongful.
Meaning as analysed by case laws

Following Judgement could be usefully referred to :
Dale and Carrington Investment (P) Ltd. and Anr. v Manu/sc/0748/2004: P. K Prathapan and Ors.(2005) 1SCC212
Kamal Kumar Dutta and Anr. v. Manu/sc/8408/2006 : Ruby General Hospital Ltd. and Ors. 2006(7) SCALE668.
Link of Draft Petition u/s 241 for your ready reference 

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