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Judgment Search Results Home  Phrase:companies act 1956 section 3  Page:30

Mar 29 1984

Central Manbhum Coal Co. P. Ltd. and Ors. Vs. Assistant Registrar of C ...

  • Decided on : 29-Mar-1984

Court : Kolkata

Reported in : [1986]59CompCas176(Cal)

... the profit and loss account of the company for the year ending December 31, 1979, was required to be filed under Section 220(1) of the Companies Act, 1956, in the office of the Registrar of Companies on or before July 30, 1980. Penalty for the offence charged under Section 220(3) read with Section 162(1) of the Companies Act is only a fine.2. In ... Assistant Registrar of Companies, West Bengal,under Section 220(3) read with Section 162(1) of the Companies Act, 1956. The complaint itself records that the annual general meeting of the company should have been held in accordance with the provisions of the Companies Act on or before June 30, 1980, and the balance-sheet and the profit and loss account of the company for the year ... Companies Act on or before June 30, 1980, and the balance-sheet and the profit and loss account of the company for the year ending December 31, 1979, was required to be filed under Section 220(1) of the Companies Act, 1956, in the office of the Registrar of Companies on or before July 30, 1980. Penalty for the offence charged under Section 220(3) read with Section ... Companies Act, 1956, in the office of the Registrar of Companies on or before July 30, 1980. Penalty for the offence charged under Section 220(3) read with Section 162(1) of the Companies Act is only a fine.2. In that view of the statement, the right to prosecute accrued on July 30, 1980. Admittedly, this complaint was filed before the Chief Metropolitan Magistrate on September 16, 1982.3. Section ...

Apr 26 1961

In Re: Coronation Tea Co. Ltd.

  • Decided on : 26-Apr-1961

Court : Kolkata

Reported in : AIR1961Cal528,[1962]32CompCas568(Cal)

... company therefore, does not appear to me to be reasonable.3. The next contention is that unless a person is a member of a Company, he cannot make an application under Section 155 of the Companies Act, 1956. His remedies are under Section 111 and he may prefer an appeal to the Central Government as provided by Sub-section 3 of that section. This argument is obviously untenable as Section ... company cannot register a transfer of shares unless a proper instrument of transfer 'duly stamped' has been delivered to the company (Section 108, Companies Act, 1956). There is no definition of the expression 'duly stamped' in the Companies Act. But it has been defined in Section 2(11) of the Indian Stamp Act ... Section 12 in order that the provisions in Sections 35 and 63 may be made applicable.13. I am unable to accept these contentions of Mr. Chaudhuri. To my mind a company cannot register a transfer of shares unless a proper instrument of transfer 'duly stamped' has been delivered to the company (Section 108, Companies Act, 1956). There is no definition of the expression 'duly stamped' in the Companies Act ...

Jul 07 1981

In Re: Britannia Engineering Company Ltd. (In liquidation)

  • Decided on : 07-Jul-1981

Court : Kolkata

Reported in : [1983]54CompCas277(Cal)

... contention of Mr. Bhalla cannot be accepted at all. Further, under Section 445(3) of the Companies Act, 1956, services of all officers and employees of the company are deemed to have been terminated by reason of winding-up. Therefore, Mr. Bhalla pn any account cannot be said to be an employee of the said company in liquidation.5. In the result the occupation of Mr. Bhalla ... . Chowdhury caunot be accepted and the said flat, the monthly tenancy of which belonged to the company in liquidation, being Britannia Engineering Co. Ltd., now devolves on the official liquidator and is deemed to be in the custody of the court under Section 456(3) of the Companies Act, 1956, of which the official liquidator is the custodian. It is also admitted by S. C. Bhalla ... the custody of the court under Section 456(3) of the Companies Act, 1956, of which the official liquidator is the custodian. It is also admitted by S. C. Bhalla that his service has been terminated as hereinbefore stated in 1970 and still, he is continuing in possession of the said flat which was given to him by the company now in liquidation as an employee ... in this application under Section 446(2)(a), (b) and (d) of the Companies Act, 1956, and the rights of the parties may be determined. Mr. R. Chowdhury argued that the winding-up proceeding is stayed under Section 18FA of the I (D & R) Act, 1951. He referred to Sub-section (10) and accord^ ing to Mr. Chowdhury, pursuant to the said Sub-section (10), during the management ...

Aug 08 1978

Sudhir Kumar Seal and Ors. Vs. Assistant Registrar of Companies

  • Decided on : 08-Aug-1978

Court : Kolkata

Reported in : [1979]49CompCas462(Cal)

... , which was initiated on a complaint filed by the opposite party, viz., the Assistant Registrar of Companies, West Bengal, under Section 210(5) of the Companies Act, 1956, for violation of Section 210(1) and (3) of the said Act. The allegations made against the petitioners and the company were that the company failed to place the balance-sheet for the year ending November, 1975, at its annual general meeting ... this view is shared by Mr. J. N. Ghosh, learned advocate appearing on behalf of the Assistant Registrar of Companies. 3. In case the annual accounts of a company are not ready for laying at the annual general meeting it is open to the company concerned to adjourn the said annual general meeting to a subsequent date by an appropriate resolution and the accounts ... in the instant case and this is in accordance with the circular bearing No. 35/9/72-CL. III, dated February 2, 1974, issued by the Company Law Board, Ministry of Law, Justice and Company Affairs. 4. In view of what has been stated above, this rule is made absolute and the proceeding pending against the petitioners and others in Case No ... to the company concerned to adjourn the said annual general meeting to a subsequent date by an appropriate resolution and the accounts may be laid at the adjourned annual general meeting. This was done in the instant case and this is in accordance with the circular bearing No. 35/9/72-CL. III, dated February 2, 1974, issued by the Company Law ...

Jun 04 2008

W.H. Targett (India) Limited Vs. Mr. S. Ashraf and Ors.

  • Decided on : 04-Jun-2008

Court : Kolkata

Reported in : (2008)3CALLT362(HC)

... Act, 1882.31. On the contrary, under Section 21 of the Companies Act, 1956, change of name by a company is permissible. A company may, be special resolution and with the approval of the Central Government signified in writing, change its name.32. Section 23 of the Companies Act, 1956, enumerates the effect of the change of name by a company. Sub-section (3) of Section 23 of the said Act ... Sections 5 and 6 of the Transfer of Property Act, 1882.31. On the contrary, under Section 21 of the Companies Act, 1956, change of name by a company is permissible. A company may, be special resolution and with the approval of the Central Government signified in writing, change its name.32. Section 23 of the Companies Act, 1956, enumerates the effect of the change of name by a company. Sub-section (3) of Section ... company is permissible. A company may, be special resolution and with the approval of the Central Government signified in writing, change its name.32. Section 23 of the Companies Act, 1956, enumerates the effect of the change of name by a company. Sub-section (3) of Section 23 of the said Act contemplates that the change of name shall not affect any rights or obligations of the company ...

Feb 02 2012

Bangalore City Cooperative Housing Society Ltd. vs. State Of Karnataka ...

  • Decided on : 02-Feb-2012

Court : Supreme Court of India

... partly by one or more State Governments; Section 3(e) as amended by Act No.68 of 1984 3.(e) the expression Company means- (i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (cc); (ii) a society registered under the Societies Registration Act, 1860 (21 of 1860), or under ... Section 3(f) needs to be prefaced by making a reference to the following provisions of the 1894 Act: Section 3(cc) as amended by Act No.68 of 1984 3.(cc) the expression corporation owned or controlled by the State means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956 ... `corporation owned or controlled by the State' [Section 3(cc)]. The definition of the term `company' contained in Section 3(e) takes within its fold a company as defined in Section 3 of the Companies Act, 1956 other than a government company referred to in clause (cc), a society registered under the Societies Registration Act or under any corresponding law framed by the State ... Act: Section 3(cc) as amended by Act No.68 of 1984 3.(cc) the expression corporation owned or controlled by the State means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), a society registered under the Societies Registration Act, 1860 ...

Aug 17 1973

State of Andhra Pradesh and Anr. Vs. Andhra Provincial Potteries Ltd. ...

  • Decided on : 17-Aug-1973

Court : Supreme Court of India

Reported in : AIR1973SC2429; [1973]43CompCas514(SC); 1973CriLJ1616; (1973)2SCC786; [1974]1SCR410

... arises out of a complaint filed against the 1st respondent company and its directors for failure to file with the Registrar of Companies on or before 30-10-1967 the balance sheet and profit and loss account of the company as required under Section 220(1) of the Companies Act, 1956, which is punishable under Sub-section (3) of that section. Admittedly no general body meeting had been held ... of Section 220 and though wilful omission to call a general body meeting and to lay the balance sheet and profit and loss account before it may expose the person responsible to punishment under other provisions of the Act, it certainly does not make him liable under the provisions of Section 134(4) of the Companies Act, 1913 or Section 220 of the Companies Act, 1956. In ... the directors of a company were prosecuted under Sections 32(5) and 133(3) of the Companies Act, 1913, for breaches of Sections 32 and 131 of that Act for having knowingly and wilfully authorised the failure to file the summary of share capital for the year 1953 and being knowingly and wilfully parties to the failure to lay before the company in general meeting the ... 3) of the Companies Act, 1913, for breaches of Sections 32 and 131 of that Act for having knowingly and wilfully authorised the failure to file the summary of share capital for the year 1953 and being knowingly and wilfully parties to the failure to lay before the company in general meeting the balance sheet and profit and loss account as at March 31, 1953.3 ...

Mar 20 1974

Baldevdas R. Raheja Vs. The Union of India (UOI)

  • Decided on : 20-Mar-1974

Court : Mumbai

Reported in : (1977)79BOMLR581

... Companies Act deals with the power of the Central Government to make rules for carrying out the purposes of the Companies Act. A Notification dated February 1, 1964 was issued in pursuance of the said rule-making powers under Sub-section (7) of Section 642, read with the said Sub-section (5) of Section 10E of the Companies Act, 1956, framing Rules called 'The Company Law Board (Procedure) Rules, 1964.' Rule 3 ... Section 642 of the Companies Act deals with the power of the Central Government to make rules for carrying out the purposes of the Companies Act. A Notification dated February 1, 1964 was issued in pursuance of the said rule-making powers under Sub-section (7) of Section 642, read with the said Sub-section (5) of Section 10E of the Companies Act, 1956, framing Rules called 'The Company ... order passed by the Company Law Board was passed by an authority not vested with the power under Section 408, read with Section 637 and Section 10E(4A) and (5) of the Companies Act, 1956, as the said order was passed by only two members, viz., respondents Nos. 3 and 4, while the Company Law Board consisted of ... Companies Act, 1956, and the Rules made thereunder. Section 408 of the Companies Act empowers the Government, under certain circumstances, to appoint not more than two persons to hold office as directors for such period not exceeding three years on any one occasion. Section 637 of the said Act, inter alia, permits delegation of its powers and functions under Section 408 of the said Act ...

Jun 07 2000

M. Kishan Rao and Ors. Vs. Mrs. P. Santha Reddy and Anr. (No. 1)

  • Decided on : 07-Jun-2000

Court : Andhra Pradesh

Reported in : 2000(2)ALD(Cri)212; [2001]40CLA126(AP); [2002]111CompCas361(AP); 2001CriLJ2729

... makes them ineligible to participate or vote in the board proceedings under Section 300 of the Companies Act, 1956' does not detract from the substantive allegation that the accused Nos. 1 to 3 being the managing director and directors respectively of A-4 company have violated the provisions in Section 297 of the Companies Act.18. Whether the circumstances that out of four members of board ... to participate or vote in the board proceedings under Section 300 of the Companies Act, 1956. Thus, it is alleged that the provisions of Sections 299 and 300 of the Companies Act, 1956, have been violated by accused No. 4-company. Hence, A-1 to A-4 committed offences punishable under the relevant provisions of the Companies Act.10. The proceedings in this complaint which has been ... proceedings in C. C. No. 3 of 2000 on the file of the Special Judge for Economic Offences, Hyderabad, which was taken on file on a complaint filed by the first respondent herein in which the petitioners herein face prosecution for offences punishable under Sections 299(4) and 304 of the Companies Act, 1956 and under Section 409 of the Indian Penal Code ... the first respondent herein in which the petitioners herein face prosecution for offences punishable under Sections 299(4) and 304 of the Companies Act, 1956 and under Section 409 of the Indian Penal Code, 1860. Besides, accused No. 1 also faces a charge for an offence under Section 411 of the Indian Penal Code.2. These proceedings are sought to be quashed ...

Feb 21 2005

Design Auto System Ltd. Vs. Union of India (UOI)

  • Decided on : 21-Feb-2005

Court : Madhya Pradesh

Reported in : IV(2005)BC101; [2008]144CompCas765(MP); 2005(4)MPHT7; 2005(1)MPLJ517; [2005]62SCL557(MP)

... (Ann. P-3). Order dated 16-12-2003 on behalf of the Central Government has been passed by respondent No. 2 under Section 235(1) of the Companies Act, 1956 (hereinafter referred to as 'Act') ordering investigation by respondent No. 3 into the affairs of the petitioner company. In order to carry out investigation, respondent No. 3 has issued summons to the Principal Officer of the petitioner company to produce ... only under Section 241. During the course of final arguments, it was submitted by Shri Singh that investigator appointed by the Central Government has submitted the report and action thereon shall be taken as per law. One cannot forget that a company is a creature of the statute. There can be no doubt that one of the objects of the Companies Act is to ... of the Companies Act is to throw open to all citizens the privilege of carrying on business with limited liability. Inevitably the business of the company has to be carried on through human agency, and that sometimes gives rise to irregularities and malapractices in the management of the affairs of the company. Protection of investors is one of the primary themes of the Act. If ... shall be taken as per law. One cannot forget that a company is a creature of the statute. There can be no doubt that one of the objects of the Companies Act is to throw open to all citizens the privilege of carrying on business with limited liability. Inevitably the business of the company has to be carried on through human agency, and that ...

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