Supreme Court of India

M/s. Dale and Carrington Invt. P. Ltd. and Another v. P.K. Prathapan and Others

Neutral citation

Bench Ruma Pal and Arun Kumar JJ.

Decided 13 September 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

14 Supreme Court benches have cited this judgment.

From the headnote

Company law: Company affairs-Duties and power of Directors-Fiduciary capacity within which they have to act- "Proper-purpose doctrine" regarding duties Discussed. Private limited company-Act of oppression-Allotment of additional shares in favour of Managing Director resulting in majority shareholder being reduced to minority shareholder-Neither found in the interest of the company nor a proper and legal procedure followed-Motive for allotment found malafide, only motive being to gain control of the company-Clear case of oppression against majority shareholder-Hence, the allotment set aside.

Authorities it was built on

1975 Hemendra Prasad Baruah v. The Collector of Sibsagar, Assam cited by 6

Where later benches applied it

2025 Mrs. Shailja Krishna v. Satori Global Limited & Ors. relied on
2020 Aruna Oswal v. Pankaj Oswal & Ors. relied on
2013 Bhagwati Developers Private Ltd. v. The Peerless General Finance Investment Company Limited & Ors. relied on
2019 Central Public Information Officer, v. Subhash Chandra Agarwal referred to
2019 Ram Parshotam Mittal & Ors. v. Hotel Queen Road Pvt. Ltd. & Ors. referred to
2015 Purnima Manthena and Another v. Dr. Renuka Datla & Others referred to
2023 Urban Improvement Trust, Bikaner v. Gordhan Dass (d) through Lrs. & Others mentioned
2022 Sukh Dutt Ratra & Anr. v. State of Himachal Pradesh & Ors. mentioned
2020 Tofan Singh v. State of Tamil Nadu mentioned
2020 The Director General (road Development) National Highways Authority of India v. Aam Aadmi Lokmanch & Ors. mentioned
2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors. mentioned
2005 Sangramsinh P. Gaekwad and Ors. v. Shantadevi P. Gaekwad (i) Thr. Lrs. and Ors. mentioned
2004 Distt. Registrar & Collector, Hyderabad and Anr. v. Canara Bank Etc. mentioned
2023 Hasmukhlal Madhavlal Patel and Anr. v. Ambika Food Products Pvt. Ltd. and Ors. distinguished

Of those, 3 relied on · 1 distinguished · 3 referred to · 7 mentioned

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