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Tuesday, August 17, 2010

Company court and civil court

CDS Financial Services v. BPL communications, 2004 121 comp cas 374

If the right is traceable to the general law of contracts or it is a common law right, it can be enforced through the civil court, even though the forum under the statute also will have jurisdiction to enforce that right.

Section 397/398 provide a convenient remedy for minority shareholders under certain conditions and the provisions therein are not intended to exclude all other remedies.




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