SC Awards Rs.1 Lakh Compensation to Daily-Wage Workers in 25-Year-Old Bihar Dues Case  ||  Supreme Court Questions Women’s Safety Progress, Orders CCTV, Lighting and Increased Police Patrols  ||  Rajasthan HC: Passport can be Issued to Minor in Single Mother's Sole Custody without Father's Name  ||  Rajasthan HC: One Voter's Absence cannot Halt Election or Warrant Re-Poll  ||  Delhi HC: Stridhan Recovery Alone Cannot Justify Custodial Interrogation  ||  Delhi HC: Rape Victim's Hearing Necessary before Bail is Granted to Accused  ||  Gujarat HC: Family Suit Can Be Shifted to Wife’s Residence Due to Travel, Childcare Duties  ||  Delhi High Court Orders NTA to Reissue Lost NEET-UG Scorecards to Foreign Medical Graduates  ||  MP HC: Firearm Licence Suspension Unjustified Solely due to Criminal Case Pendency  ||  Delhi HC: Re-Arrest Without Magistrate's Permission Invalid if Earlier Arrest was Vitiated    

Royal Calcutta Golf Club v. Lalit Kumar Jhalaria - (High Court of Calcutta) (12 Aug 2015)

Mere reference of numerous members not having the same interest does not raise presumption of non-maintainability

MANU/WB/0657/2015

Company

In a case where the Petitioner, with over 3,000 members, alleged non-maintainability of a suit filed by one member disputing a resolution taken in an annual general meeting, the Court found in favour of the solitary member. It noted that mere reference of more than 3000 members did not raise a presumption that the suit was not maintainable in absence of leave: 'every presumption should be made in favour of the existence of the suit rather than exclusion of jurisdiction'. The Court added that remedy to bring an end to oppression and mismanagement on the part of the controlling shareholders was provided under the Companies Act, 1956.

Relevant : Order I Rule 8 Code of Civil Procedure, 1908 Act Bhagwan Das v. Goswami Brijesh Kumarji MANU/RH/0002/1983 Jhajharia Bros. Ltd. vs. Sholapoor Spinning and Weaving Co. Ltd. MANU/WB/0168/1940

Tags : COMPANY   JURISDICTION   SINGLE MEMBER   COMPLAINT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved