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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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Malfeasance/misfeasance

Customer Question

If in a pvt. ltd. company there is a presumption the directors have colluded to defraud the company and an outside large ( 27% ) shareholder is aggrieved by such actions, can he file a suit for malfeasance/ misfeasance ( among other grounds ) against them? In such cases on whom does the onus of proof lie? What would be the appropriate forum? Please cite the relevant Acts and their sections.

Submitted: 2 years ago.
Category: Property Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

Thank you for contacting JustAnswer.co.uk.

It was brought to our attention that you asked a legal question about India, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.

At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.

Please let me know how you’d like to proceed,
Nicola
Customer: replied 2 years ago.

Please answer the query according to English law. Indian law is based on English statutes. There have certain divergences in the past 60 years but by and large it is similar. Moreover, English judgements have a persuasive value in Indian legal practice.

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

You can close the question.

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