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

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 ...

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 ...

Mar 08 2006

Registrar of Companies Vs. Adani Exports Ltd. and 4 Ors.

  • Decided on : 08-Mar-2006

Court : Gujarat

Reported in : (2006)2GLR1158

... Section 629A of the Act and the authority would be competent to compound the offence. It accordingly compounded the offence on deposit of Rs. 5,000/-.5. Being aggrieved by the said order and the interpretation put forth by the Company ... company and other officers of the company. This Court granted interim stay, but also directed the Registrar of Companies to dispose of the compounding application filed by the company and its officers. The Registrar of the Companies dismissed the compounding application on the technical ground that the same was filed under Section 293 instead of Section 293A of the Companies Act. Thereafter, the company ... company. This Court granted interim stay, but also directed the Registrar of Companies to dispose of the compounding application filed by the company and its officers. The Registrar of the Companies dismissed the compounding application on the technical ground that the same was filed under Section 293 instead of Section 293A of the Companies Act. Thereafter, the company filed yet another application to the Registrar of Companies ...

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 ...

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 ...

Apr 15 1996

Anantha R. Hegde Vs. Capt. T.S. Gopalakrishna

  • Decided on : 15-Apr-1996

Court : Karnataka

Reported in : [1998]91CompCas312(Kar); ILR1996KAR2267; 1996(3)KarLJ445

... the Companies Act 1956, so far as the same may be applicable to a public company shall too apply to this company in the same manner as if all such regulations of Table 'A' are specifically contained in these articles, subject to modifications herein contained.' 31. Section 26 of the Act under articles of association reads : 'There may in the case of a public company limited ... the entire reading of section 169 of the Act, nowhere is it stated that if the board of directors refuse to convene a meeting, it would amount to an offence punishable under any provision of the Act, much less under section 629A of the Act. Section 629A provides for penalty where no specific penalty is provided elsewhere in the Act. From the wording of section 169, it ... in the Act. But it has a reference in the memorandum of association and articles of association of the Bangalore Stock Exchange Limited. Section 2 of the articles of association reads : 'The Regulations contained in Table 'A' in the First Schedule to the Companies Act 1956, so far as the same may be applicable to a public company shall too apply to this company ... Section 2 of the articles of association reads : 'The Regulations contained in Table 'A' in the First Schedule to the Companies Act 1956, so far as the same may be applicable to a public company shall too apply to this company in the same manner as if all such regulations of Table 'A' are specifically contained in these articles, subject to modifications herein contained.' 31. Section ...

Apr 24 1966

Raghunath Swarup Mathur Vs. Har Swarup Mathur

  • Decided on : 24-Apr-1966

Court : Allahabad

Reported in : [1967]37CompCas802(All); 1968CriLJ670

... Companies (Amendment) Act, 1960, would be liable to punishment under Section 629A of the Act. This contention appears to us to be equally untenable. It would be seen that Section 629A does not create any offence and only provides penalty for such contraventions of the Act for which no specific penalty has been provided elsewhere. Section 629A of the Act presupposes a contravention of the provisions of the Act ... Section 269(2) of the Companies Act, the person acting as a managing director without the approval of the Central Government on the basis of a reappointment made for the first time after the commencement of the Companies (Amendment) Act, 1960, would be liable to punishment under Section 629A of the Act. This contention appears to us to be equally untenable. It would be seen that Section 629A ... Companies Act. Mr. Asif Ansari has further contended that even in the absence of such a prohibition in Section 269(2) of the Companies Act, the person acting as a managing director without the approval of the Central Government on the basis of a reappointment made for the first time after the commencement of the Companies (Amendment) Act, 1960, would be liable to punishment under Section 629A of the Act ...

Feb 25 1966

Raghunath Swarup Mathur Vs. Dr. Raghuraj Bahadur Mathur and Ors.

  • Decided on : 25-Feb-1966

Court : Allahabad

Reported in : AIR1967All145; [1967]37CompCas304(All); 1967CriLJ306

... company clearly amounts to contravention of the provisions of Section 263(1) of the Act and such a contravention would have beet: 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 629A of the Companies Act, hereinafter called the Act.2. For proper appreciation of the points involved in the case it would be necessary to consider certain provisions of the Act, as amended by Act 65 of 1960. The material portions of Section 263 of the Act are in the following terms :'263 (1) :--At a general meeting of a public company or of a private company ... Section 629A is a residuary provision for punishment for breach of the provisions of the Act, where no specific remedy is available in other sections thereof. The material words of this Section are :'If a company or any other person contravenes any provision of this Act for which no punishment is provided elsewhere in this Act ..... the company and everyofficer of the company ...

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 ...

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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