Judgment Search Results Home Phrase:companies act 1956 section 3 Page:30
Court : Mumbai
Reported in : AIR1997Bom7; 1996(4)BomCR100; 91CompCas871(Bom)
... it is subject to all rights and liabilities which any agreement may suffer. 6. by act no. 17 of 1993, the legislature has also added section 2(g)(iv) to include every order passed by the high court under section 394 of the companies act, 1956, in respect of amalgamation of companies. in our view, applying the ratio of the decision in the case of ruby sales ... of amalgamation of companies; by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or ... of the petitioners. 3. for appreciating the contentions of the petitioners, it would be necessary to refer to section 2(g). section 2(g). section 2(g) reads as under : '(g) 'conveyance' includes, - (i) a conveyance on sale, (ii) every instrument, (iii) every decree or final order of any civil court, (iv) every order made by the high court under section 394 of the companies act, in respect ... cannot be stated to be in any manner making direct inroads into the judicial function of this court or of the supreme court. it cannot be said that article 261(3) of the constitution, which provides that final judgments or orders delivered or passed by civil courts in any part of the territory of india shall be capable of execution anywhere ...Tag this Judgment!
Court : Kolkata
Reported in : 143CompCas531(Cal),88SCL56(Cal)
... notice of july 16, 2004, or the sixth show-cause notice issued in may/june 2005, did not contain the requisite allegations that would constitute an offence under section 628 of the companies act, 1956.22. even otherwise, conclusion of dishonest and deliberate suppression of material facts cannot be drawn just because the appellants went before the settlement commission and settled excise demands ... ), 193(1), 143(1), 209(5), 211 (1) and (2), 301(1) and 303(3) of the companies act, 1956, as alleged in the said notices.7. in the show-cause notice for alleged contravention of section 211 (1) and (2) of the companies act, 1956, it was alleged that the company had, inter alia, suppressed production figures in its accounts and made misleading statements, which would be ... from the inspection report on inspection of the books of account and other relevant records of the company under section 209a of the companies act, 1956, by an officer of the ministry of company affairs, kolkata, that the company has violated sections 628 and 211 (1) and (2) of the said act. the nature of violation as pointed out in the said report is given below:it has ... notice dated may 5, 2005. the appellants have, however, by the order under appeal, been absolved of all liabilities for violation of section 299(1) of the companies act, 1956, as alleged in five other show-cause notices also dated may 5, 2003.3. pursuant to a notice dated may 28/29, 2003, the books of account and other relevant documents of the appellant ...Tag this Judgment!
Court : Rajasthan
Reported in : 60SCL404(Raj)
... for the petitioner-company i am of the opinion that in such matters ... notice dated 27th of april, 2004, the petitioners have not received any response at all. the petitioners are convinced that the respondent-company is unable to pay the debts to its creditors within the meaning of section 433(3) of the companies act, 1956. the photostat copies of returned registered envelop dated 7-5-2004, receipt of registered post a/d, a/d card, returned u ... learned counsel for the petitioner-company and perused the entire material available on the record of the petition.2. this is the company petition under sections 433 and 434 of the companies act, 1956 filed by the petitioner-company with a prayer that the respondent-company m/s. magan roller flour mills private limited be wound up under the provisions of section 443 of the companies act, 1956.3. having heard learned counsel ...Tag this Judgment!
Court : Orissa
Reported in : III(2005)BC143; 99(2005)CLT502; 133CompCas924(Orissa); 64SCL288(NULL)
... of any law other than the sica. the combined effect of the provisions of sub-section (4) of section 20 of the sica and sub-section (1) of section 32 of the sica is that notwithstanding anything contained either in sub-sections (2) and (3) of the sica or the provisions of the companies act, 1956, the bifr may cause to be sold the assets of the sick industrial ... assets of the sick industrial company in such manner as it may deem fit and forward the sale proceeds to the high court for orders for distribution in ... its consent, as the liquidator of the sick industrial company and the officer so appointed shall for the purposes of the winding up of the sick industrial company be deemed to be, and have all the powers of, the official liquidator under the companies act, 1956 (1 of 1956).(4) notwithstanding anything contained in sub-section (2) or sub-section (3), the board may cause to be sold the ... contained in sub-sections (2) and (3) of section 20, the bifr may cause to be sold the assets of the sick industrial company in such manner as it may deem fit and forward the sale proceeds to the high court for orders for distribution in accordance with the provisions of section 529(a) and other provisions of the companies act, 1956. sub-section (1) of section 32 of the ...Tag this Judgment!
Court : Kolkata
Reported in : 52CompCas337(Cal)
... 136 of 1975 (agra electric supply co. ltd. (in voluntary liquidation) v. nagetr makapalika, agra) pending before the civil court, agra, be transferred to this court under section 446(3) of the companies act, 1956, read with section 518(1)(b) thereof. the registrar of this court be directed to intimate this order to the registrar of the civil court, agra, for sending the records of ... , in my view, the balance of convenience is entirely in favour of the suit being tried by this court apart from the statutory provisions under section 446(3) read with section 518(1)(b) of the companies act, 1956, containing a non obstante clause and an exclusive power to this court being conferred by the statute for getting the suit transferred and disposed of.8 ... the court might exercise as if the company were wound up by the court. therefore, section 446 read with section 518(1)(b) of the companies act, 1956, empowers this court, being admittedly the court within the meaning of the companies act, to transfer the said suit from the agra court to this court and dispose of under section 446(3) of the companies act, 1956. the decision cited by dr. banerjee ... the said suit to this court forthwith. the registrar of this court to act on a signed copy of the minute on the plaintiff's undertaking to complete ...Tag this Judgment!
Court : Delhi
Reported in : 106CompCas262(Delhi); 2000(57)DRJ32
... such member as on the aforesaid date upon the footing that they become entitled to such new equity shares as capital and not as income.'3. in accordance with the provisions of section 173(2) of the companies act, 1956 ('the act') an explanatory statement was annexed to the above mentioned notice. item no. 8 of the said explanatory statement was as follows :'the equity ... of the respondent-company. in the notice for the sixth annual general meeting (agm) of the shareholders of the ... 1. the appellant challenges the order dated 20-9-2000, passed by the company law board, northern region bench, new delhi, in c.p. no. 4/ 113/2000/clb, dismissing the appellant's petition filed under section 113(3) of the companies act, 1956 ('the act').2. the appellant was a shareholder in the respondent-company. quality assurance institute (india) ltd. he held 5,000 equity shares ... share capital of the company presently stands at rs. 33,69,860 and the reserves as at march 31, 1999, were rs. 1,02,92,378.in ...Tag this Judgment!
Court : Kolkata
Reported in : AIR1969Cal132,39CompCas150(Cal),1969CriLJ382,73CWN22
... is knowingly guilty of the default, or who knowingly or wilfully authorises or permits such defaults is an officer who is in default under section 2(3) of the companies act, 1956. the offence is complete if the officer of the company knew of the defaults and permitted the same'. i agree with the said observations made in the abovementioned cases. mrs. nag's ... -swari are the directors of m/s. khaitan finance corporation (private) limited, a company registered under the companies act. two cases being cases nos. c/380 and c/381 of 1965 were started against them under sections 162(1) and 220(3) respectively of the companies act, 1956, by the registrar of companies before the chief presidency magistrate, calcutta, for failure to submit the annual return of ... the company for the year ending the 31st december, 1963, and also three copies of the balance-sheet ... 5-66 (exhibit 2) and duly acknowledged by them (exhibit 3 collectively). the accused even did not reply to the same. these facts go unchallenged and there is even no cross-examination on the point. the failure to comply with the mandatory provisions of section 614a(1) of the companies act, 1956 is thus established clearly and conclusively and the contention advanced by ...Tag this Judgment!
Court : Kolkata
Reported in : (2001)1CALLT184(HC)
... petitioner and others defaulted in complying with the same and were thus knowingly guilty for such default, non-compliance and failure and hence they were liable for punishment under section 220(3) of companies act, 1956. according to the petitioner the instant criminal proceeding was not maintainable at all inasmuch as the petitioner was merely a house-wife and had nothing to do with ... and failure to file the said documents. there is further averment in the petition of complaint that the petitioner was liable to be punished for such lapses under section 220(3) of the companies act, 1956. it has also been mentioned therein that o.p. no. 1 being a public servant filed the instant petition of complaint in his official capacity and that ... petitioner smt. shashi sood and this has been filed with a prayer for quashing the instant criminal proceeding arising out of the case no. c-151 of 1988 under section 220(3) of the companies act. 1956, now pending before the learned chief judicial magistrate, alipore, south 24-parganas.2. the case of the accused-petitioner was in brief that o.p. no. 1 ... punishable under section 220(3) of the companies act and hence there was no question of quashing the instant criminal proceeding as prayed for by the petitioner. the petitioner being one of the directors of the company was prima facie liable to file three copies of the balance-sheet and profit & loss account of the company within the time limit contemplated by the companies act, 1956. but despite ...Tag this Judgment!
Court : Kolkata
Reported in : AIR1964Cal335
... there had been no unreasonable delay; (2) that although there was no delay, there was in the facts and circumstances of the case 'default'; (3) that the expression 'member' meant the same thing as a share-holder and as such section 155 of the companies act, 1956 was applicable; (4) that as administratrix she was entitled to have the shares registered in her own name ... .' 3. the petitioner company preferred an appeal against the order of s. p. mitra, j. this appeal was registered as no. 195 of 1961. the appeal ... to urge before the supreme court relate to interpretation of the scope and effect of section 155 of the companies act, 1956 and also the said act as amended by the companies amendment act, 1960 read with section 41 of the said act and section 111 of the said act. the other point which the petitioner company intends to agitate before the supreme court is that the division bench was not justified ... of such subsequent events and in ignoring other relevant subsequent events disclosed in the further affidavits.5. the contention raised with regard to the interpretation of section 155 of the companies act, 1956 as amended by the act of 1960 is that the court has no power to pass an order of rectification of the register of members in cases of transmission or transfer ...Tag this Judgment!
Court : Kolkata
Reported in : 44CompCas335(Cal)
... though there was alteration of the memorandumbringing within its objects clause the power to amalgamate, such alteration did not become effective until the certified copy was filed under section 18(3) of the companies act, 1956, and until that was done, such alteration was not effective. as in this case the certified copy was filed on the 3rd may, 1973, which is ... a.i.r. 1928 p.c. 180 where the judicial committee had observed that every company had under the statute a right of amalgamation with another company as authorised by section 213 of the indian companies act, 1913, which is in pari materia with section 391 of the companies act, 1956. the learned judge was also of the opinion that there was no limitation on the power ... tea co. ltd. is proposed to be dissolved without winding up under sections 391 and 394 of the companies act. jalpaiguri tea co. ltd. was incorporated under the provisions of the indian companies act on 29th may, 1879, as a company limited by shares and is an existing company within the meaning of the companies act, 1956. the registered office is at no. 11, government place east, calcutta ... the appropriate order for implementation of the scheme being made by the said high court pursuant to section 394. (c) consent of the shareholders of bijoynagar tea co. ltd. being obtained pursuant to section 81 of the companies act, 1956, for allotment of shares to jalpaiguri tea co. ltd. shareholders under this scheme. (d) the consent of the controller of capital issues ( ...Tag this Judgment!