Supreme Court of India

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

Neutral citation

Reported as [2004] SUPP. 4 S.C.R. 334

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 5

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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