Compulsory Amalgamation Of Companies In Public Interest
- IJLLR Journal
- Jan 4
- 1 min read
Manisha $ Shraddha SS
ABSTRACT
The research aims to identify and analyze existing definitions and interpretations of "public interest" through a comprehensive study of case laws and explore how “public interest” has been defined under other legal and regulatory frameworks. The research also aims to analyze the historical evolution of the concept of "public interest" and its implications for contemporary legal and regulatory practices.
Furthermore, the research aims to evaluate the role of judicial bodies in defining and protecting public interest in the context of compulsory amalgamations through case law analysis. The research also aims to draw a comparison between the definition of “public interest” taken by the judiciary and that adopted by the Regional Director. The objective is to do a critical analysis of whether the RD should be the authoritative figure on defining public interest.
The research also aims to review relevant legal and regulatory frameworks to identify the extent to which the rights of shareholders and creditors are currently incorporated into the concept of public interest through the critical analysis of case law and precedents. The research aims to assess how courts have interpreted and balanced the rights of shareholders, creditors, and broader public interests in corporate governance and regulatory decisions and examine the potential implications of incorporating shareholder and creditor rights into public interest considerations for corporate governance practices and regulatory interventions.
The research also aims to propose recommendations or guidelines for policymakers and regulators on how to reconcile the interests of shareholders, creditors, and broader public interests in decision-making processes.
