It is often been criticized that section 397/398 of the Companies Act, 1956 is being used as a forum to settle personal disputes between or among the shareholders.  Taking advantage of the proposition that the Company Law Board has elaborate powers under section 397/398 of the Companies Act, 1956 read-with section 402, the shareholders/minority shareholders/petitioners approach the Company Law Board for the disputes which ought to have settled before other forums like Civil Courtor the Magistrate Court.  This is a constant criticism on the exercise of jurisdiction by the Company Law Board under section 397/398 of the Companies Act, 1956. Litigation is resorted often under section 397/398 of the Companies Act, 1956 so as to stall a proceeding before the Debt Recovery Tribunal and at times to get a transaction entered into between the Company and an outsider is set-aside. The Constitutional Courts have constantly maintained as to what constitutes ‘Oppression’ and what constitutes ‘Mismanagement’.  Initially, there was so much emphasis on the definition of ‘Oppression’ and ‘Mismanagement’ and it is settled that an action of the majority should be ‘harsh and burdensome’ if it had to qualify for any remedial or preventive measures under section 397/398 of the Companies Act, 1956.  But, now, there are judgments of Constitutional Courts laying emphasis on the ultimate objective of section 397/398 of the Companies Act, 1956 and the Courts held now that any preventive and remedial measures can be passed by the Company Law Board under section 397/398 of the Companies Act, 1956 even when there is no ‘Oppression and Mismanagement’ in strict senso. 

While the intention behind providing preventive and some remedial measures under section 397/398 of Companies Act, 1956 to the minority shareholders is good, the section is misused at times causing enormous loss to the Company or the Majority Shareholders. As everybody knows that section 397 provides relief to the minority shareholders if there is oppression by the majority; and section 398 provides relief to the minority shareholders when there is mismanagement in the Company. While, according to me, what constitutes ‘oppression’ and what constitutes ‘mismanagement’ is subjective, both the sections are cited while the minority seeks relief against the majority before the Company Law Board or NCLT in future.  Though, according to me, the Company Law Board can pass any orders under section 397/398 of Companies Act, 1956 in order to put an end to the matters complained of, even other sections of the Companies Act are cited routinely and in most cases investigation into the affairs is also sought for.  Listed Public Companies normally do follow all the corporate requirements as it is under scrutiny from SEBI and as the listed companies are bound to comply with the listing agreement entered into with the relevant Stock Exchanges.  In India, many family companies or closely held companies do not follow the requirements of the Companies Act, 1956 and it would very often be difficult for an outsider to know as to the status of the Company or even it is difficult for an adjudicating authority to find-out truth. 

Our Nevada traffic citation attorneys spend a lot of time in Las Vegas traffic court, and even though we’re optimists we have a hard time thinking of any good things about Las Vegas traffic court. Let’s try to make a list…On the negative side of the ledger, we’ve got taking time off from work, guzzling gas to and from the Las Vegas traffic court, battling with other drivers and the pressure of time to find a parking spot at a reasonable cost, waiting for other cases to conclude, sweating it out before a judge, and possibly leaving Las Vegas traffic court with the same fine imposed that you were hoping to avoid. On the positive side, there’s…well…participation in the justice system?

Long story short, there are not a lot of positive things to be said about Las Vegas traffic court. Any of a number of offenses – from a speeding ticket or running a stop sign to DUI or an arrest for reckless driving – can land you before a judge hoping for a less painful penalty. If you represent yourself, you are most likely to get steamrolled and leave Las Vegas traffic court no better off than if you had paid the fine in the first place. But there is an alternative to this lose-lose situation when it comes to dealing with Las Vegas traffic court: for a small fee, our experienced Las Vegas traffic court lawyers will take care of your ticket for you while you pick up that overtime shift to make a little extra cash.

The best thing about this innovative way to avoid Las Vegas traffic court is that it can be done entirely, 100% online. That’s right – you just use our convenient online form to upload your traffic ticket data and we will go to Las Vegas traffic court for you to fix your ticket without you ever having to step foot in our office. (Obviously, you also don’t have to step foot in Las Vegas traffic court, either!)

You could have been very careful and yet have been in involved in a car accident. The accident could have occurred while you were driving or as a passenger in a car and have been injured on account of somebody else’s negligence. Then it is time to swing in action and make a claim for car accident compensation.

The car accident compensation can be claimed when you suffer injuries, pain and even loss of income on account of not being able to go to work. Apart from this you can also make claims for expenses incurred on account of the accident which include special transport costs such as buses and taxies and special tests and therapy sessions as well.

This car accident compensation claim can be made if the accident occurred less than 3 years ago. At the same time, if the driver was uninsured and did not stop to give you his/her accident details within a period of 9 months of the occurrence of the accident. The claims for the same can be made through the Motor Insurers Bureau – MIB.

You, as an injured person can claim compensation if you were not at fault, provided the accident could have been caused due to faulty driving of a family member or a friend. The claim is to be filed against their insurance so as to ensure you receive money in order to compensate the injury and loss caused due to you use.

Well, for filing for claim is one of the most important processes involved and hence it is advisable to approach a car accident lawyer who will guide you as to how to file the claim and receive compensation as well.