...in such an event, the principles of quasi-partnership in a given case may be invoked.231. The ratio of the said decision, with respect, cannot be held....2. The Company being a private limited company, which is in the nature of a quasi-partnership concern, the Court should take a holistic view of the matter and so view...this nature where a company for all intent and purport is a quasi-partnership concern. Parliament, while enacting a statute, cannot think of all situations which may emerge in giving effect to the...

...(1981) 3 SCC 333.)227. It is now well known that principles of quasi-partnership are...(1996) 10 SCC 696 whereupon Mr Desai placed strong reliance, thus, cannot be said to be an authority for the proposition that for no purpose whatsoever can the principles ...impugned may assume significance and in such an event, the principles of quasi-partnership in a given case may be invoked.231. The ratio of the said decision, with respect...

...question viz. whether the principles of quasi- partnership would apply as there are no third party shareholders in the Company?. As submitted by Respondent Nos. 2 and 5, the shareholders of the Respondent...No.1 Company have consciously decided to adopt a corporate model of business and as such principles of quasi partnership cannot apply to the present case. The Respondent Nos. 2 and 5 have relied upon...(1996) 10 SCC 696, in support of their contention that principles of quasi partnership do not apply to the facts and circumstances ...

...for determination by this Court in the above Appeal are also identical to the questions raised by them in Company Appeal No. 7 of 2010, except one question viz. whether the principles of quasi-partnership ...5, the shareholders of the Respondent No.1 Company have consciously decided to adopt a corporate model of business and as such principles of quasi partnership cannot apply to the present case. The...(1996) 10 SCC 696, in support of their contention that principles of quasi partnership do not apply to the facts and circumstances of...

...[(1981) 3 SCC 333] .) 227. It is now well known that principles of quasi-partnership ...that for no purpose whatsoever can the principles of quasi-partnership be applied to an incorporated company. The real character of the company, as noticed...principles of quasi-partnership in a given case may be invoked. 231. The ratio of the said decision, with respect, cannot be held...

..., the respondents have, in breach of the principles of quasi-partnership, acted in an oppressive manner against the petitioners holding ⅓rd shares in the company and have also indulged in gross...: (1996) 10 SCC 696, the Supreme Court has held that quasi-partnership principles cannot be applied in a company. Further, the petitioners have not established...Ltd., [1972] 2 All ER 492 (HL), it has been held that using the majority power as provided in the articles, if a director in a company in the nature of a quasi-partnership, is removed, it would amo...

...Appeal No. 7 of 2010 except one question viz. whether the principles of quasi-partnership would apply, as there are no third party shareholders in the Company?. As submitted by Respondent Nos. 2 and...5, the shareholders of the Respondent No.1 Company have consciously decided to adopt a corporate model of business and as such principles of quasi partnership cannot apply to the present case. The...Pvt. Ltd. and Ors. vs. Shekhar Mehra (1996) 10 SCC 696, in support of their contention that principles of quasi partnership ...

...appointment of Respondent No. 5 as Additional Director is against the interests of KEIL/Company as well as the Petitioner as a shareholder of KEIL/Company and also violative of the principles of ...B.S.V. Prakash Kumar, Judicial Member:— The Petitioner filed this CP u/s. 397, 398 r/w 402, 403 & 408 of the Companies Act. 1956 seeking the reliefs as follows...:(a) Declare that the alleged meeting of Board of Directors held on 16.7.2013 behind the hack of the Petitioner was illegal and null and void.(b) Declare that the...

...principles of partnership, for judging true character of the company and business realities of the situation enquiry should not be confined to a narrow legalistic view. Principles of ...and there was no right as such agreed upon for active participation of members who were sought to be excluded from management, the principles of dissolution of partnership should not be liberally invoked. ...real character of the company for the purpose of judging the dealings between the parties and the transactions impugned, assume significance and in such an event, the principles of quasi-...

...of a quasi-partnership, and therefore, the principles relating to a quasi-partnership apply to the facts of the case in hand. Referring the decision rendered by the CLB, Principal Bench, ..., next submitted that in a company running on the principles of quasi-partnership, the legitimate expectation of its shareholders, having almost equal shareholding, is that they should be on the Board....14. On the other side, the Ld. Counsel appearing for the Respondents refuted the contention of the Petitioners that the principles of quasi-partnership can be applied to the Company. He...

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...the basis of principles of quasi partnership. The Learned Counsel submitted that the figures which were given by the Company are not correct. The sole intention of the respondents is to dilute the...1. The applicants are the respondents in the above C.P The present application is filed by them seeking directions from this Bench to allow the applicant company to infuse funds by way of...increase in paid up capital by issue and allotment of shares to the members in proportion to their shareholding. Shri Jagtiani, Learned Counsel for the applicants submitted that this Bench vide its...

...venture of which business has been taken over by respondent No. 1 company. Learned counsel submits that in order to contend the principles of quasi partnership, the essential ingredients or parameters as...the given case much more to qualify to assert to rely upon the principles of quasi-partnership, the participation should be in equal proportion, before and after incorporation;(b) Since...is in minority. However, it will not be open for him to contend and resort to the principles of quasi-partnership nevertheless, their right to independently establish grievances as minority...

...(2005 (11) SCC 314) that even principles of quasi partnership could be invoked, when the company in question is a family company. The Court also...noted that the true character of the company and the business realities of the situation should not be confined to a narrow legalistic view and that the principles of quasi partnership are not for...Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of...

...carried out on me basis of principles of quasi partnership which should be in the interest of members and the public. The interest of the Company is paramount rather than personal relatio...1. The present petition is filed by invoking the provisions of Sec. 397/398 of the Companies Act, 1956 (“the Act”) alleging certain acts of oppression and mismanagement in the affairs of...the Company by the Respondents and sought reliefs as prayed in para 7.1 to 7.3 of the petition. Shri Dhiren Dave, PCS appearing for the petitioners submitted that the petitioners are the directors and...

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...2005 (11) SCC 314, it has been held that the principles of quasi partnership could be invoked when the Company in question is a family company. However...(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) This Writ Appeal is directed against the order dated 23.12.2011 made in W.P(MD)No.8955 of 2011. 2.Brief...facts of the case are as follows: (i) The appellant is the Managing Director and one of the Directors of a Company namely Jaivairavan Private Limited in Ramnad. The said...

...veil of the Respondent No. 1, 4 and 9 and declare that all are same and apply the principles of Quasi Partnership to remedy the oppression and mismanagement caused by the Respondents 2, 3, 4, 5, 6, 10...illegal and improper and they are against the principles of Quasi partnership. In addition to this, the Respondent No. 2 & 3 with the connivance of other Respondents have been siphoning off the funds ...unequivocal terms the true nature of relation between Petitioner 1 and Respondent No. 4 which is of Quasi-Partnership. After meeting all its obligations as per the said MOU, Petitioner's nominee was...

...circumstances under which a director's office must be vacated), which once again points to the quasi- partnership functioning of the Plaintiff Company. 42. As such.... Therefore, even according to the Defendants, Defendant No.4 is a quasi-partnership, being in the nature of a family business, to which principles recognized under Indian law akin to partnership...principles are applicable and as a part of which quasi-partnership understanding directors are permanent directors subject only to the office of the directorship being vacated under Article 144 of...