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TypeBare Act JurisdictionCentral Government

Companies Act, 1956 Section 43

Consequences of Default in Complying with Conditions Constituting a Company a Private Company

~1 min read
https://sooperkanoon.com/act/10920

Bare act section · Research

About this section

Companies Act, 1956 Section 43 is part of Companies Act, 1956 - Consequences of Default in Complying with Conditions Constituting a Company a Private Company. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

Where the articles of a company include the provisions which, under clause (iii) of sub-section (1) of section 3, are required to be included in the articles of a company in order to constitute it a private company, but default is made in complying with any of those provisions, the company shall cease to be entitled to the privileges and exemptions conferred on private companies by or under this Act, and this Act shall apply to the company as if it were not a private company:

Provided that the1[Central Government] on being satisfied that the failure to comply with the conditions was accidental or due to inadvertence or to some other sufficient cause, or mat on other grounds it is just and equitable to grant relief, may, on the application of the company or any other person interested and on such terms and conditions as seem to the1[Central Government] just and expedient, order that the company be relieved from such consequences as aforesaid.

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1. Substituted by Act 31 of 1998, Section 67, for "Court" (w.e.f. 31-5-1991) and again Substituted by Act 11 of 2003, Section 8 for "Company Law Board".

Frequently asked questions

What does Companies Act, 1956 Section 43 provide?

Section Section 43 of the Companies Act, 1956 (Consequences of Default in Complying with Conditions Constituting a Company a Private Company) is reproduced on this page as part of the Companies Act, 1956. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Companies Act, 1956 Section 43?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Companies Act, 1956 Section 43. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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