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Search Results Judgments > Act:COMPANIES ACT, 1956 Section 248

Apr 02 1954

All India Anglo Indian Association Vs. R.A. Massey

  • Decided on : 02-Apr-1954

Court : Punjab and Haryana

Reported in : AIR1956P& H210

... Companies Act provides a special manner for enquiry into, or trial of, offences under the Indian Companies Act, then those provisions would override the general provisions of the Criminal Procedure Code. The Indian Companies Act does not itself contain any such special procedure. Section 248, Sub-section ... Companies Act a complaint of this type by a private individual was not competent, as under the regulations made by the appropriate Government under Section 248, Sub-section (2) Indian Companies Act the Registrar of Joint Stock Companies ... Section 248, Indian Companies Act, has been framed, in connection with such a matter.In ILR (1940) 1 Cal 575 :- (AIR 1940 Cal 232) (D) the argument rested on the language of Sections 137 and 141, Indian Companies Act, which sections ...

Apr 10 1952

The Public Prosecutor Vs. Ustepalle Swami Chetty and Ors.

  • Decided on : 10-Apr-1952

Court : Chennai

Reported in : AIR1953Mad196; (1952)2MLJ184

... for offences under Sections 76 and 131, Companies Act.2. A complaint was laid against the respondents by the Assistant Registrar at the instance of the Registrar of Joint Stock Companies for the said offences. Under Section 248 (2), Companies Act 'The Central Government ... the Registrar of Joint Stock Companies for the said offences. Under Section 248 (2), Companies Act 'The Central Government may appoint such registrars and assistant registrars as it thinks necessary for the registration of companies under this Act, and may make regulations with ... in motion will apply. But in cases under the Companies Act, it has been considered desirable that either the Registrar or Joint Registrar or officer concerned in dealing with the Act should prefer the complaint. The Regulations framed assigned ... to the offence under the Companies Act there is no provision that any offence should not be taken cognizance of unless the complaint is filed by any of the persons mentioned in the Act. In the absence of such ...

Jul 06 2012

Commissioner of Income Tax. Vs. Ms.NEPC India Limited

  • Decided on : 06-Jul-2012

Court : Chennai

... same had been carried out in view of the objection raised by the Registrar of Companies, by invoking the provisions of Section 209A of the Companies Act, 1956. The Assessing Officer pointed out that during the course of assessment proceedings, the assessee was ... the Commissioner that the order was not an appealable order under Sections 246A to 248 of the Income Tax Act.6. During the course of scrutiny of the assessment under Section 143(2), the assessee requested the Assessing Officer to take ... was adopted by the assessee, consequent on the order passed by the Registrar of Companies, on an inspection conducted by him under Section 209A of the Companies Act, 1956 pointing out certain mistake committed, while preparing the original profit and loss account ... of assessment under section 115JA, every assessee being a company has to prepare its profit and loss account for the relevant assessment year in accordance with the provisions of Parts II and III of Schedule VI to the companies Act 1956.12. ...

Apr 17 1995

Sugarcane Growers and Sakthi Sugars Shareholders' Association Vs. Sakt ...

  • Decided on : 17-Apr-1995

Court : Chennai

Reported in : [1998]93CompCas646(Mad); (1995)IIMLJ469

... section 394(1) of the Companies Act. 13. Before considering the merits of the contentions, it will be better to refer to the relevant provisions of law and the principles laid down in the judgments cited by both the sides. Section 391 of the Companies Act ... on June 14, 1994, respectively, by the respondent and the transferor-company under sections 391 and 394 of the Companies Act for sanctioning the scheme of amalgamation and dissolution of the transferor-company, without being wound up. 5. The benefits of amalgamation ... company. According to him, such a report is a pre-condition under the second proviso to section 394(1) of the Companies Act. 12. Per contra, learned counsel for the respondent has submitted that the amalgamation is in the interest of both the companies ... that the fact that the shareholders and creditors of a company have approved of a scheme of compromise or arrangement as contemplated by section 153 of the Indian Companies Act, 1913, does not mean that the court is bound to ...

May 04 1998

Bakhtawar Construction Co. (P.) Ltd. Vs. Blossom Breweries Ltd. and Or ...

  • Decided on : 04-May-1998

Court : Mumbai

Reported in : [1999]95CompCas28(Bom)

... Section 248 of the Companies Act in relation to respondent No. 1-company. It appears that before filing Company Petition No. 36 of 1997, the appellant had filed Company Petition No. 65 of 1996, under Section 248 read with Section 250 of the Companies Act. However, that petition was dismissed by the Company ... Section 248 of the Companies Act can be issued by the Company Law Board only if any other proceedings are pending before the Company Law Board. In the submission of learned counsel, the section has been misread by the Company Law Board. Learned counsel submitted that Section 248 of the Companies Act ... Section 248 of the Companies Act which fall for consideration in the present petition and it is the provisions of Sub-section (1) of Section 248 which are relevant for the purpose. Section 248(1) reads as under :'248. Information regarding persons having an interest in company ...

Apr 17 1961

Satish Churan Law Vs. R. Goho, (Official Liquidator)

  • Decided on : 17-Apr-1961

Court : Kolkata

Reported in : AIR1962Cal23

... :on record in the office of the Registrar in one continuous file. Rule 248 of the Companies (Court) Rules 1959, shows that the deposition taken under Section 477 of the Companies Act 1956 need not be kept on the file of the liquidation proceedings; the deposition ... under Section 477 of the Companies Act 1956 need not be kept on the file of the liquidation proceedings; the deposition 'is not open to inspection by any creditor, contributory or other persons, save upon orders of Court. Section 477 read with Rules 243 to 248 ... 57 LJ Ch. 766, North, J. held that the deposition of the person summoned under Section 115 of the English Companies Act, 1862 corresponding to Section 477 of the Companies Act 1956 need not be kept son the file ill spite of the general words of Rule ... 15th July 1960. Now an order or a decision in the winding up of a company in order to be appealable under Section 483 of the Companies Act, 1956 must amount to a judgment within the meaning of Clause 15 of the Letters Patent. ...

May 06 1982

Sales Tax Officer, Central Circle, New Delhi Vs. Byford Ltd.

  • Decided on : 06-May-1982

Court : Delhi

Reported in : [1984]55CompCas204(Delhi); ILR1982Delhi181; [1984]145ITR537(Delhi); [1983]53STC357(Delhi)

... 6) of the Companies Act, 1956 (the Act), by the company, the court stayed proceedings against the company before the STO. The STO contests the validity of this order of the company judge. The question is whether the judge can restrain proceedings against the company before the ... to the creditors under s. 391 of the Act. Section 391 is applicable both to a going company and a company in winding up. But it must be 'a company liable to be wound up' under the Act. A scheme cannot be said to be ... in Governor-General in Council v. Shiromani Sugar Mills Ltd. [1946] 16 Comp Case 71; 14 ITR 248 , held that the leave of the company court will be necessary if the machinery for the collection of the arrears of income-tax ... 41 of the Life Insurance Corporation Act, 1956, has exclusive jurisdiction to decide and to determine. It was further held that the Act of 1956 will override the provisions of the general Act, namely, the Companies Act, which is an Act relating to companies in general. Following that ...

May 23 1995

Gulmohar Finance Ltd. Vs. In Re and others

  • Decided on : 23-May-1995

Court : Delhi

Reported in : [1998]93CompCas544(Delhi)

... pending under sections 235 to 251 of the Companies Act, 1956, against either the transferor company or the transferee company. 3. Notice was issued to the official liquidator and the Central Government through the Regional Director of the Company Law Board, Northern ... and creditors of the transferee company and all the shareholders and creditors of the transferor companies and all the assets, liabilities and reserves of the transferor companies shall, vest in the transferee company. 13. The registry shall draw ... scheme of amalgamation of the transferor company with the transferee company has been approved by the shareholders and creditors of both the companies and both the official liquidator and the Regional Director, Northern Region, Company Law Board, both have ... 381 of 1994 was moved by the transferee company with a prayer to fix the meetings of the shareholders and creditors of all the companies, both transferor and transferee companies to approve the scheme of amalgamation. It was ...

Nov 14 1994

In Re: Mafatlal Industries Ltd.

  • Decided on : 14-Nov-1994

Court : Gujarat

Reported in : [1995]84CompCas230(Guj)

... of section 186 of the Companies Act, 1956. Both the sections confer power on the court (section 156 prior to its amendment by the Act 41 of 1974) to convene meetings. Sub-section (1) of section 186 in terms refers to a 'meeting of a company'. Section ... be sanctioned as it would not be in the interest of shareholders of MIL to amalgamate with MF. 248. Miheer has in his objection tried to assail the exchange ratio by pointing out that on the basis ... language of section 392 is contrasted with the language of section 186 of the Companies Act, 1956. Both the sections confer power on the court (section 156 prior to its amendment by the Act 41 of 1974) to convene meetings. Sub-section (1) of section 186 ... The present section 391 of the Companies Act, 1956, closely resembles and is practically in pari material to its counterpart in the English Companies Act, 1948. The old English statute, namely, the Joint Stock Companies Arrangement Act, 1870, also contained a similar provision in section 2 ...

Jul 06 1979

Vasant Investment Corporation Ltd. Vs. Official Liquidator, Colaba Lan ...

  • Decided on : 06-Jul-1979

Court : Mumbai

Reported in : [1981]51CompCas20(Bom)

... 'Section 391 envisages a compromise or arrangement being proposed for consideration by members and/or creditors of a company liable to be wound up under the Companies Act, 1956. Compromise or arrangement has to be between creditors and/or members of the company and the company, ... s. 245 of the English Companies Act (equivalent to s. 466 of the Companies Act, 1956) and a stay under a scheme of arrangement framed under s. 206 of the English Act (equivalent to s. 391 of the Indian Act). While the former requires ... creditors of a company liable to be wound up under the Companies Act, 1956. Compromise or arrangement has to be between creditors and/or members of the company and the company, as the case may be. It was always open to the company to ... proceedings against the company. By an order made by this court on 7th October, 1969, the company was ordered to be wound up under the provisions of the Companies Act, 1956, and the official liquidator was appointed the liquidator of the company. In ...

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