Court : UK Supreme Court
..... for registration is a statement of the company's proposed officers, including the required particulars of the person or persons who are to be the first director or ..... do anything at all: palmer's company law (25th ed) para 8.101; gower and davies principles of modern company law (8th ed), para 7-1. a company is formed by one or more persons subscribing their names to a memorandum of association and complying with the requirements of the act as to registration: companies act 1985, section 1; see now companies act 2006, section 7. among the requirements ..... directors of the company: ca 1985, section 10(2); see now ca 2006, section 12(1). the expression "director" is not defined in the companies acts .....Tag this Judgment!
Court : Sikkim
Reported in : 191ITR575(Sikkim)
..... income-tax.54. the next question is whether petitioner no. 1, the company, incorporated under the sikkim registration of companies act, 1961, is liable to be assessed under the sikkim state income-tax manual, 1948. according to learned counsel for the petitioners, a company registered under the sikkim registration of companies act is not assessable as it does not come within the definition of the ..... income-tax manual, 1948 (hereinafter referred to as 'the manual').3. petitioner no. 1 is a private limited company, incorporated under the registration of companies act, sikkim, 1961, on october 15, 1981. according to the petitioners, 51% of the shares of the company were held by the members of a joint hindu family firm, balchand udairam, and the remaining 49% shares were ..... give any tax exemption automatically to a private limited company and clause (vii) thereof explains the circumstances in which the exemption could be given, and the ..... the income-tax officer. it is averred that petitioner no. 1 is purely a private limited company where there are no shareholders other than the family members of petitioner no. 2 and so it is a partnership concern, though incorporated under the registration of companies act, sikkim, 1961.7. further, it is alleged that the notification of 1974 did not .....Tag this Judgment!
Court : Kolkata
..... or the other, to a large extent would depend upon the dealings of the stock exchange. 32. the concept that all public sector undertakings incorporated under the indian companies act or societies registration act for being state must be financed by the central government and under the deep and pervasive control thereof has undergone a sea change. the thrust, in our opinion ..... : (2006) 4 mlj 385 (nadar mahajana sangam v. reserve bank of india). a society instituted a writ petition complaining primarily against a scheduled bank incorporated under the companies act. the society alleged that its members were beneficially interested in certain shares of the bank which the bank and its directors had attempted to transfer to third parties in violation ..... june, september and december every year to credit information bureau (india) ltd. (cibil) and/or any other credit information company which has obtained/would obtain certificate of registration from rbi in terms of section 5 of the credit information companies (regulation) act, 2005 and of which it is a member. banks/fis should, however, submit the quarterly list of wilful defaulters where ..... , should be not upon the composition of the company but the duties and functions performed by it. thus, whether the appellant is a body which exercises public function, .....Tag this Judgment!
Court : Kolkata
Reported in : (1983)ILLJ374Cal
..... that, it is not required that the authority to be 'state' should be created by a statute or under a statute. juristic personality coming into existence by registration of the companies act and societies registration act, government company or any other organisation so registered can be agency or instrumentality of the government if the relevant fact on being considered it is found that they are agency ..... it has been brought into existence. the corporation may be a statutory corporation created by a statute or it may be a government company or a company formed under the companies act or it may be a society registered under the societies registration act or any other similar statute. whatever be its genetical origin, it would be an 'authority' within the meaning of article 12 if ..... in (praga tools corporation v. c.a. imanuel) 1969-ii l.l.j. 749, it has been held by the supreme court that the tools corporation is a company incorporated under the indian companies act. at the material time the union government and the government of andhra pradesh between them held 56 per cent and 32 per cent of its shares respectively and ..... reported in (s.t. corporation of india v. commercial tax officer air 1963 sc 1811, it has been held by the majority that the state trading corporation, a company registered under the indian companies act, 1956 is not a citizen within the meaning of article 19 of the constitution and cannot ask for the enforcement of fundamental rights granted to citizens under the .....Tag this Judgment!
Court : Sikkim
Reported in : 243ITR626(Sikkim)
..... sikkim was extended to sikkim. respondent no. 1 could have no reason to believe that income chargeable to tax under the income-tax act, 1961, had escaped assessment as the petitioner's company was registered under the registration of companies act, sikkim, 1961, and was carrying on business in the state of sikkim and was not carrying on business within the territorial jurisdiction of ..... ripusudan dayal, c.j. 1. the petitioner is a company registered under the registration of companies act, sikkim, 1961, on june 23, 1986. it was served with three notices dated march 16, 1995, by the assistant commissioner of income-tax, central circle-4, new delhi, under section 148 of the income-tax act, 1961, for the assessment years 1987-88, 1988-89 and 1989-90, ..... respondent no. 1. although, the petitioner-company was incorporated in 1986, it did not carry out any activities till 1989. as such, respondent no. 1 ..... to entertain this petition ? 2. whether the assistant commissioner of income-tax of delhi did not have the jurisdiction to issue a notice under section 148 of the act to the petitioner-company simply because it is registered in sikkim, in view of the provisions of article 371f of the constitution ? 3. whether respondent no. 1 had the reason to .....Tag this Judgment!
Court : Kolkata
Reported in : 38CLA145(Cal),102CompCas387(Cal)
..... 1999. in the said meeting four additional directors have been appointed by 80 per cent, of the shareholders.12. plaintiff no. 1-bank is registered under the registration of companies act, sikkim, 1961. the provisions of the companies act, 1956, have not been extended to the state of sikkim, under article 371f(n) of the constitution of india. there was no corresponding provision of section ..... to act as a managing director as he has not taken oath required under article 1 of the articles of ..... 2(26) of the companies act, 1956 in the sikkim act. in the registration of companies act, sikkim, 1961, there was no provision for appointment of managing director. plaintiff no. 2 has no authority ..... their appointment was for protection of the interest of plaintiff no. 1-bank vis-a-vis depositors and the public at large. the provisions of the companies act, 1956, have no application in this case. the text of the resolution of the annual general meeting allegedly held on march 22, 1999, provides for appointment of four additional .....Tag this Judgment!
Court : Sikkim
Reported in : 276ITR456(Sikkim)
..... petn. no. 11 of 2004, the facts whereof are identical, it is stated that the petitioner-company is a private limited company incorporated and registered under the registration of company act (sikkim), 1961, and is having its registered office at syari, gangtok, sikkim. the petitioner-company was incorporated with the object of undertaking hotel construction at gangtok. it is stated that during the ..... relevant period, smt. jyoti limbu, shri s.r. subba (brother of shri m.k. subba) and shri m.k. subba were directors of petitioner-company. ..... section 132 of the act, the business premises of m/s m.s. associates as well as the residence and official premises of persons allegedly associated with this firm including the petitioner-company were searched at gangtok pursuant to the warrant of authorisation dt. 18th june, 1999 and amount of cash, jewellery, investment certificates, fixed deposit receipts and ..... and some other information, warrants of authorisation were issued in june, 1999, and search and seizure operations were carried out against m/s m.s. associates and various persons/companies, etc. associated with them. however, the pac after detailed scrutiny and examination of the cag report held in its report in march, 2002, that the cag report is .....Tag this Judgment!
Court : Chennai
Reported in : 245ITR743(Mad)
..... k. roy and bros. v. ramanath das  15 comp cas 69, the calcutta high court noticed the purpose of the registration under the indian registration act and the indian companies act and came to the conclusion that registration under both the acts is necessary and the reasoning of the calcutta high court reads as under (page 75) :'in my opinion for the reasons i have ..... subject, however, to the existing first charge. the hypothecation deed was not registered under the provisions of the indian registration act, but it was registered under the companies act with the registrar of companies, chen-nai, to satisfy the requirements of the companies act. the assessee-company during the course of the assessment proceedings for the assessment years 1982-83 and 1983-84 claimed deduction of the ..... of the parties, the passing' of the resolution and the oral agreement prior to the execution of the second hypothecation deed and the act of registration with the registrar of the companies under section 125 of the companies act should be taken into consideration which would prove the creation of a valid charge over the immovable properties and once there is a valid ..... comp cas 398, wherein a bench of this court held that for an effective charge on the immovable properties, the security should be registered under the registration act as well as under section 109 of the companies act, 1913, which came into force after january 15, 1937, and he also referred to the decision of the supreme court in m. l. abdul .....Tag this Judgment!
Court : Chennai
Reported in : AIR1932Mad474; (1932)62MLJ720
..... 1896) 2 ch. 590 where it was held by kekewich, j., at page 595, that 'the expression 'company incorporated by act of parliament', as used in the will in question (before him), was not equivalent to 'company incorporated by registration under the companies act, 1862.18. on behalf of the corporation, strong reliance was placed on the decision in the great northern railway ..... section 3(e) the following:the expression 'company' means a company registered under the indian companies act, 1882, or under the (english) companies act, 1862 to 1890, or incorporated by the act of parliament or of the governor-general in council, or by royal charter or letters patent; and includes a society registered under the societies registration act, 1860, and a registered society within the ..... section and so its debentures were exempt from registration under the bills of sale act. vaughan williams, j., decided that the society was not an 'incorporated company' in that sense and that in effect the words 'incorporated company' in section 17 of the bills of sale act meant only a company incorporated under the companies act. one reason which he gave for his interpretation ..... words 'body corporate' in section 18 of the co-operative societies act? as mr. subbaroya aiyar has pointed out, under section 23 of the companies act itself it is provided that from the date of incorporation, that is the date of registration under that act, the subscribers to a company shall be a 'body corporate'. i do not think wecan possibly .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1951Bom303; (1951)53BOMLR94; ILR1951Bom701
..... the judgment of the p. c. makes it perfectly clear that the certificate under the companies act of registration is conclusive not only with regard to requisitions of fact but also requisitions which require legal determination. nothing could be more emphatic than what is stated by lord macnaghten in ..... to challenge the absence of any such requirement. in that particular case what was considered by their lordships of the p. c. was the effect of a certificate of registration under the companies act, & the learned judge doubted as to whether such a certificate would be conclusive with regard to any requisitions which require legal determination. in our opinion, a careful reading of ..... the judgment of the p. c. at p. 243 :'in dealing with the first question their lordships will assume that the conditions of registration prescribed by the companies act were not duly complied with, that there were not seven subscribers to the memorandum of association, and that the registrar of ..... to all the well-accepted & established principles on which a writ of certiorari is based. in that case the chairman of a meeting of the company gave a declaration that a certain resolution had been carried & the companies act provided that such a declaration shall be conclusive. such a declaration was produced before the ct. & that declaration gave t he number of votes .....Tag this Judgment!