Supreme Court Upholds Acquittal, Holds Investigating Officer Cannot Create Evidence  ||  Supreme Court: NDPS Prosecution Cannot Be Quashed Solely Over Co-Accused’s Disclosure  ||  SC: Tax Classification Depends on Goods' Form at Sale, not their End Use  ||  Delhi High Court: No Material Showing Delhi Police Compromised the 2020 Riots Probe  ||  Madras HC Suggests Mandatory Attachment of Properties Suspected to Be Proceeds of Corruption  ||  P&H High Court: Demolition After Lawyer Flagged Corruption Appears Aimed at Silencing Him  ||  Calcutta High Court: Contempt Proceedings Cannot Be Used to Challenge Orders or Attack Judges  ||  Orissa High Court: Marriage Need Not Be Preserved When the Relationship Has Substantially Eroded  ||  SC: CIRP Can Continue Despite Fraudulent Insolvency Plea That Triggered It  ||  Delhi HC: Senior Citizen May Seek Eviction of Daughter-in-Law for Ill-Treatment    

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