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1 - 10 of 48 (0.40 seconds)Section 241 in The Companies Act, 1956 [Entire Act]
Section 242 in The Companies Act, 1956 [Entire Act]
Section 244 in The Companies Act, 1956 [Entire Act]
The Companies Act, 1956
Article 10 in Constitution of India [Constitution]
Whirlpool Corporation vs Registrar Of Trade Marks, Mumbai & Ors on 26 October, 1998
(i) where the writ petition seeks enforcement
of any of the fundamental rights; (ii) where
there is failure of principles of natural
justice; or (iii) where the orders or
proceedings are wholly without jurisdiction
or the vires of an Act is challenged. (See
Whirlpool Corpn. v. Registrar of Trade
Marks [(1998) 8 SCC 1].) The present case
attracts applicability of the first two
contingencies. Moreover, as noted, the
Signature Not Verified
Digitally Signed W.P.(C) 8634/2023 Page 17 of 30
By:SHAZAAD ZAKIR
Signing Date:10.07.2023
10:44:33
appellants' dealership, which is their bread
and butter, came to be terminated for an
irrelevant and non-existent cause. In such
circumstances, we feel that the appellants
should have been allowed relief by the High
Court itself instead of driving them to the
need of initiating arbitration proceedings."
Article 17 in Constitution of India [Constitution]
Section 245 in The Companies Act, 1956 [Entire Act]
The Delhi & District Cricket ... vs Sudhir Kumar Aggarwal & Ors on 21 September, 2020
6. In rejoinder, Mr. Sachin Puri, learned Senior Counsel appearing for
the Petitioner, draws the attention of this Court to Section 244 of the
Companies Act to contend that the Petitioner in his own capacity could not
have approached the NCLT by filing an application under Section 241 of the
Companies Act as Section 244 of the Companies Act provides that an
application under Section 241 of the Companies Act can only be filed if
such an application is supported by at least 20% of the total number of
members of the company and, therefore, the Petitioner had no other remedy
for redressal of his grievance. Mr. Puri further contends that against the
judgment of this Court in Delhi & District Cricket Association v. Sudhir
Kumar Aggarwal and Others (supra) an SLP being, SLP (C) No.9285/2020,
has been filed before the Apex Court and the Apex Court has disposed of the
said SLP and had left the issue of maintainability open.