Supreme Court of India · 1962-12-17
LADLI PRASAD JAISWAL vs KARNAL DISTILLERY CO., LTD., & ORS.
- Citation / case number
- SC 1960/230
- Court
- Supreme Court of India
- Petitioner
- LADLI PRASAD JAISWAL
- Respondent
- KARNAL DISTILLERY CO., LTD., & ORS.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court addressed the validity of resolutions passed by a private limited company, focusing on allegations of coercion and undue influence under the Companies Act, 1956, specifically Section 155. The Court held that the burden of proof regarding coercion lay with the respondents, who failed to provide sufficient evidence, thus affirming the lower court's decree in favor of the appellant. However, the Court also noted that equity would not assist a party whose conduct was inequitable, leading to a nuanced outcome regarding the enforceability of the resolutions.