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Search Results Judgments > Act:COMPANIES ACT 1956 Section 629A

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

... 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 ... Section 200 of the Companies Act can be held to render the company liable for punishment under Section 629A of the Companies Act. It may be noted that Sub-section (8) of Section 205A of the Companies Act renders the company and every officer of the company who is in default punishable with fine or contravention of the said Section 205A in respect of the dividends declared. Similarly, Section 207 of the Companies Act ... 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 ... 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 ...

Apr 30 1999

NEPC India Ltd. and Ors. Vs. Registrar of Companies

  • Decided on : 30-Apr-1999

Court : Chennai

Reported in : [1999]97CompCas500(Mad)

... Section 207 of the Companies Act, 1956, on the allegation that one S.R. Gupta, through a letter dated May 10, 1996, complained to the office of the Regional Director, Department of Company Affairs, Madras, stating that the company ... Section 17 read with Section 291 of the Companies Act punishable under Section 629A of the said Act. In other cases, the complaints filed by the respondent under Section 207 of the Companies Act. Section 17 of the Act relates to special resolution and confirmation by the Company Law Board required for alteration of memorandum. Section 291 of the Act relates to the general powers of the board. Section 629A of the Act ... Companies against the petitioners. Crl. O. P. No. 1114 of 1999 relates to a complaint under Section 17 read with Section 291 of the Companies Act punishable under Section 629A of the said Act. In other cases, the complaints filed by the respondent under Section 207 of the Companies Act. Section 17 of the Act relates to special resolution and confirmation by the Company Law Board required for alteration of memorandum. Section 291 of the Act ...

Jan 18 1980

Registrar of Companies Vs. Bharat Produce Co. Ltd. and Ors.

  • Decided on : 18-Jan-1980

Court : Kolkata

Reported in : [1980]50CompCas250(Cal),84CWN463

... Section 269(2) of the Companies Act, 1956 (hereinafter referred to as ' the Act '),creates an offence punishable under Section 629A of the Act. To answer this question, it will be necessary to refer to the above sections of the Act. They read as follows : ' 269. (2) Where a public company or a private company which is a subsidiary of a public company, is an existing company ... Section 269(2) read with Section 629A of the Companies Act, 1956. 2. In the complaint it was stated that Bharat Produce Company Ltd., the accused opposite party No. 1, was incorporated as a public limited company on January 15, 1940, under the Indian Companies Act, 1913. Pursuant to a special resolution passed on July 9, 1956, it was converted into a private company. The company was again converted into a public company ... Section 269(2) of the Companies Act rendering themselves liable for punishment under Section 629A of the Companies Act. 4. It was further averred in the complaint that the company was called upon by the complainant on or about April 28, 1976, to explain the said contravention of Section 269 of the Companies Act, 1956. Thereafter, series of correspondence were exchanged between the company ...

Nov 02 2012

N.C.BAKSHI Vs. DELHI & DISTRICT CRICKET ASSOCIATION & ORS.

  • Decided on : 02-Nov-2012

Court : Delhi

... company pursuant hereto shall cease to have any force or effect on violation of any of the aforesaid conditions or any of the conditions and provisions contained in its memorandum of association and thereupon this licence shall be revoked in accordance with the provisions of the said section 25 of the Companies Act, 1956.5. Submission of the appellant is that admittedly the company ... Section 621 A of the Companies Act; it had noted that the contravention by the company was one covered under the category of Section 629A of the Companies Act.8. Section 621 A permits the Central Government to impose penalty for any default committed by a company or any its officers thereof provided that the said offence is compoundable under Section 629A of the said Act. Section 629A ... Companies Act; it had noted that the contravention by the company was one covered under the category of Section 629A of the Companies Act.8. Section 621 A permits the Central Government to impose penalty for any default committed by a company or any its officers thereof provided that the said offence is compoundable under Section 629A of the said Act. Section 629A applies to cases where there is contravention of provisions of this Act ...

Feb 03 1994

Fenner (India) Ltd. and others Vs. Additional Registrar of Companies

  • Decided on : 03-Feb-1994

Court : Chennai

Reported in : [1994]80CompCas1(Mad)

... section 310 read with section 629A of the Companies Act, 1956 (hereinafter referred to as 'the Act'). The allegations in the complaint are briefly as follows : M/s. Fenner (India) Ltd. (first accused) is a company incorporated under the Indian Companies Act. The second accused is the managing director of the said company. Accused Nos. 3 to 9 are non-wholetime directors of the company ... petition under section 482 of the Code of Criminal Procedure, praying to call for the records in the above case and quash the same. 2. The short facts are : The respondent has filed a complaint against the petitioners under section 310 read with section 629A of the Companies Act, 1956 (hereinafter referred to as 'the Act'). The ... company clearly amounts to contravention of the provisions of section 263(1) of the Act and such a contravention would have been punishable under section 629A of the Act, but for the existence of sub-section (2) of section 263. This sub-section lays down the consequence of moving such a faulty resolution, viz., it renders void every resolution moved in contravention of sub-section (1) of section ... section 263 read with section 629A of the Act. While construing section 263, the learned judges had held as follows (at page 305) : 'It is true that a single resolution moved to elect two or more directors of the company clearly amounts to contravention of the provisions of section 263(1) of the Act and such a contravention would have been punishable under section 629A of the Act ...

Jun 07 2000

M. Kishan Rao and Ors. Vs. Mrs. P. Santha Reddy and Anr. (No. 2)

  • Decided on : 07-Jun-2000

Court : Andhra Pradesh

Reported in : [2002]111CompCas373(AP)

... Section 409 of the Indian Penal Code, 1860 and Sections 299, 300 and 629A of the Companies Act, 1956 ... Sections 299, 300 and 629A of the Companies Act, 1956,2. The parties shall be referred to as arrayed in the complaint.3. The complaint in support of his petition for issuance of the search warrant has filed his affidavit. It is stated that the complainant filed a complaint against A-1 to A-4 for the offences under Sections ... Sections 297, 299 and 300 of the Companies Act and the same was taken cognizance of and summons was issued to the accused. It is stated in the affidavit that in order to prove the said offence of contravention of offences under Sections 299 and 300 of the Companies Act, it is necessary to show that there was no resolution as required under the Companies Act, 1956 ... Sections 299 and 300 of the Companies Act, it is necessary to show that there was no resolution as required under the Companies Act, 1956, which constitute an offence. For this purpose, the minutes books of accused No. 4-company for the period November, 1992, to December, 1996, are necessary. Similarly, it is stated that the cash book of A-4-company ...

Mar 02 1983

Ashoka Marketing Ltd. Vs. Addl. Registrar of Companies

  • Decided on : 02-Mar-1983

Court : Kolkata

Reported in : [1985]57CompCas187(Cal),87CWN499

... company under Section 237 of the Companies Act, 1956, that during the pendency of such investigation, the accused company by its letter dated June 29, 1966, terminated the services of Sri D.N. Gupta without sending prior intimation of the proposed action to the Company Law Board, and that the accused company thus contravened the provisions of Section 635B of the Companies Act, 1956, which is punishable under Section 629A of the said Act ... Section 629A of the Act presupposes a contravention of the provisions of the Act and there can be a contrvention only when there is a direction or prohibition. As we have already observed, Section 269(2) of the Companies Act, 1956, contains no direction or prohibition and Section 629A does not, therefore, have any application '. It may be mentioned that Section 269(2) provides that where a public company or a private company ... Act for which no specific penalty has been provided elsewhere. Section 629A of the Act presupposes a contravention of the provisions of the Act and there can be a contrvention only when there is a direction or prohibition. As we have already observed, Section 269(2) of the Companies Act, 1956, contains no direction or prohibition and Section 629A does not, therefore, have any application '. It may be mentioned that Section ...

Jul 27 1984

S. Thiagarajan and Anr. Vs. Assistant Registrar of Companies, Madras

  • Decided on : 27-Jul-1984

Court : Chennai

Reported in : [1986]59CompCas328(Mad)

... of section 58A(3)(a) of the Companies Act, 1956, punishable under section 629A of the said Act. Hence the prosecution . 3. It is contended by the learned counsel for the petitioners that the acceptance of deposits by non-banking non-financial institutions was formerly governed by the directions and regulations issued by the Reserve Bank of India under the Reserve Bank of India Act, 1934, ... Companies (Acceptance of Deposits) Rules, 1975, showed that a sum of Rs. 1,95,000 in respect of forty accounts remained unpaid to the depositors during the year ending March 31, 1976, though claimed. The non-repayment of the deposits of Rs. 1,95,000 on maturity is in contravention of section 58A(3)(a) of the Companies Act, 1956, punishable under section 629A of the said Act ... company under rule 10 of the Companies (Acceptance of Deposits) Rules, 1975, showed that a sum of Rs. 1,95,000 in respect of forty accounts remained unpaid to the depositors during the year ending March 31, 1976, though claimed. The non-repayment of the deposits of Rs. 1,95,000 on maturity is in contravention of section 58A(3)(a) of the Companies Act, 1956 ... under the residuary section 629A of the Companies Act which provides for a punishment of fine which may extend to five hundred rupees and where the contravention is a continuing one with a further fine which may extend to fifty rupees for every day. The prosecution has, therefore, been rightly laid under section 58A(3)(a) read with section 629A of the Companies Act. 8. No ...

May 12 2008

Satish Batra and Anr. Vs. Registrar of Companies and Anr.

  • Decided on : 12-May-2008

Court : Delhi

Reported in : [2010]154CompCas453(Delhi)

... company who is in default is liable to be prosecuted under Section 629A of the Act and directed the office to launch prosecution for the aforesaid violation.4. The appellant moved Company Petition No. 53 of 2007 before the learned company judge for an order excusing the appellants from any liability for the alleged default as specified in Sections 628 and 629A of the Companies Act, 1956. Before the learned company ... appellant moved Company Petition No. 53 of 2007 before the learned company judge for an order excusing the appellants from any liability for the alleged default as specified in Sections 628 and 629A of the Companies Act, 1956. Before the learned company judge it was contended that as against the share application money which was received by the directors, the company as on ... under Section 628 of the Companies Act, 1956, to which the company furnished its reply/explanation and stated, inter alia, that the amount shown under the head share application money during the periods March 31, 2000 to March 31, 2005, in fact was a current account transaction. It was stated that as there is no provision in the Companies Act, or ... appellants are the directors of M/s. Vimal Plast (India) P. Ltd. In an inspection carried out under Section 209 of the Companies Act, 1956, it was observed that the company has accepted huge amounts from the directors, shareholders, corporate bodies (companies) and from public ever since 1999. It was observed that there is no resolution of the board passed ...

Apr 30 2007

Intercorp Industries Ltd. Vs. State of Delhi and Ors.

  • Decided on : 30-Apr-2007

Court : Delhi

Reported in : [2008]143CompCas241(Delhi); 2007(96)DRJ378; [2008]87SCL212(Delhi)

... by criminal proceedings initiated on a complaint filed by the Registrar of Companies for alleged contravention of Section 255 of the Companies Act, 1956, for which allegedly Section 629A enacts offence punishable with fine.2. The principal allegations of the complainant registrar in Crl. M. C. No. 115 of 2005, were that the petitioner-company did not follow the mandatory procedure of indicating, which of its ... allegation likewise is that the petitioner was guilty of contravening Section 268 in so far as it relates to appointment of the managing director.3. The ground urged is that Section 629A does not prescribe an offence. Counsel relied upon the judgment of the Calcutta High Court reported as Registrar of Companies v. Bharat Produce Co. Ltd. [1980] 50 Comp Case 250. ... -company did not follow the mandatory procedure of indicating, which of its one-third directors were to retire on rotation. In Crl. M. C. No. 112 of 2005, the allegation likewise is that the petitioner was guilty of contravening Section 268 in so far as it relates to appointment of the managing director.3. The ground urged is that Section 629A ... case by case basis. Section 629A is a residuary provision, in the sense that it creates an offence for contravention of statutory obligations, wherever no specific offence is enacted. The court was in that case called upon to decide contravention of the pre-amended Section 269. However, that provision has undergone a complete overhaul after the amending Act of 1988.6. ...

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