Supreme Court of India
Tata Consultancy Services Limited v. Cyrus Investments Pvt. Ltd. and Ors.
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered view that the claim for proportionate representation on the Board is neither statutorily or contractually sustainable nor factually justified. 19.49 Placing reliance upon section 163 of the Companies Act, 2013, it was contended that proportionate representation is statutorily recognised.
Judgment, page 149
From the headnote
Companies Act, 2013 – ss. 241 and 242 – Held: The sine qua non for invoking s.241 is that the affairs of the Company should have been conducted or are being conducted in a manner oppressive or prejudicial to some of the members – In a petition u/ s.241, the Tribunal cannot ask the question whether the removal of a Director was legally valid and/or justified or not – The question to be asked is whether such a removal tantamount to a conduct oppressive or prejudicial to some members – Even in cases where the Tribunal finds that the removal of a Director was not in accordance with law or was not…
Authorities it was built on
- 2012 Vodafone International Holdings B.V. v. Union of India & Anr.
- 1999 M.I. Builders Pvt. Ltd. v. Radhey Shayam Sahu and Others
- 1981 Needle Industries (india) Ltd., & Ors. v. Needle Industries Newey (india) Holding Ltd. & Ors.
- 1987 Raj Kumar Dey and Others v. Tarapada Dey and Others
- 1954 Bhataraju Nageshwara Rao v. The Honble Judges of the Madras High Court and Others.
- 1965 S. P. Jain v. Kalinga Tubes Ltd.
- 2001 Hanuman Prasad Bagri and Ors. v. Bagress Cereals Pvt. Ltd. and Ors.
- 1955 Rajahmundry Electric Supply Corporation Ltd. v. A. Nageswara Rao and Others.
- 2000 Mohammed Gazi v. State of M.P. and Ors.
- 2009 Ram Parshotam Mittal & Anr. v. M/s Hillcrest Realty Sdn.bhd. & Ors. Etc.
- 2014 Darius Rution Kavasmaneck v. Gharda Chemicals Limited & Others
Where later benches applied it
Of those, 1 relied on
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