Section 397 and 398 of the Companies Act: Are they still relevant?
company cuet_pg advanced discussionBhai log, I don't know about you, but have you read the recent amendment to Section 397 and 398 of the Companies Act? It seems like nobody needs to give any notice or permission to make a takeover bid anymore! What's the point of having a watchdog like the National Company Law Tribunal (NCLT) if the promoters can just bypass them?
I'm firmly with the "no" side - these sections shouldn't be made redundant. It's too easy for promoters to take control of a company without any accountability. The NCLT should be able to intervene in cases where there's a serious mismanagement or oppression. So, my question to you all: do you think these sections are still relevant, or should we just let the promoters do as they please?
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Ye toh sabse imp question hai! Section 397 and 398, aapko lagta hai ki ve abhi bhi relevant hain. Main aapke sath hai, yeh sections still aaiyein hain ki companies mein malakati ko rokne ka ek powerful tool hain. Kuch cases mein aapne dekha hai ki inki use court ne kiya hai, bas aaiye jald hi aage badhte hain aur yeh sections phir se prabhavit honge.