Del. HC Stresses Mandatory Legal Assistance to Preserve Fairness and Integrity of Criminal Trials  ||  Supreme Court: Delhi High Court Ruling upheld on Taekwondo National Sports Federation Recognition  ||  SC: Blockchain-Based Digitisation of Land Records Necessary to Reduce Property Document Litigation  ||  Supreme Court to NCLT : Limit Power to Decide Intellectual Property Title Disputes under IBC  ||  Bombay HC: Railway Employee With Valid Privilege Pass is Bona Fide Passenger Despite Missing Entries  ||  Delhi High Court: Mere Pleadings Made To Prosecute or Defend a Case Do Not Amount To Defamation  ||  Delhi High Court: Asking an Accused To Cross-Examine a Witness Without Legal Aid Vitiates The Trial  ||  Delhi High Court: Recruitment Notice Error Creates No Appointment Right Without Vacancy  ||  Supreme Court: Subordinate Legislation Takes Effect Only From its Publication in The Official Gazette  ||  Supreme Court: DDA Must Adopt a Litigation Policy To Screen Cases and Avoid Unnecessary Filings    

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