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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.
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.
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