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Start Free TrialCompanies Act, 1956 Complete Act
State: Central
Year: 1956
.....as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2 of the Securities Contracts (Regulation) Act, 1956) (42 of 1956);] (13) "director" includes any person occupying the position of director, by whatever name called; (14) "District Court" means the principal Civil Court of original jurisdiction in a district, but does not include a High Court in the exercise of its ordinary original civil jurisdiction ; [(14A) "dividend" includes any interim dividend;] (15) "document" includes summons, notice, requisition, order, other legal process, and registers, whether issued, sent or kept in pursuance of this or any other Act or otherwise ; [(15A) "employees stock option" means the option given to the whole-time directors, officers or employees of a company, which gives such directors, officers or employees the benefit or right to purchase or subscribe at a future date, the securities offered by the company at a pre-determined price;] (16) "existing company" means an existing company as defined in (section 3); (17) "financial year" means, in relation to any body corporate, the period in respect of which.....
List Judgments citing this sectionDelhi Administration Act, 1966 Complete Act
State: Delhi
Year: 1966
.....of, or regulating the asking of questions on, any matter which affects the discharge of his functions in so far as he is required by or under this Act to act in his discretion, or by or under any law to exercise judicial or quasi-judicial functions and, if and in so far as any rule so made by the Administrator is inconsistent with any rule made by the Metropolitan Council, the rule made by the Administrator shall prevail. (2) Until rules are made under sub-section (1), the procedure and conduct of business of the Metropolitan Council shall be regulated by such rules as the Administrator may make in this behalf. Section25 Restriction on discussion in Metropolitan Council No discussion shall take place in the Metropolitan Council with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. Section26 Courts not to enquire into proceedings of Metropolitan Council (1) The validity of any proceedings in the Metropolitan Council shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Metropolitan Council in whom powers are vested by or under this.....
List Judgments citing this sectionCompanies Act, 1956 Part 2
Title: Incorporation of Company and Matters Incidental Thereto
State: Central
Year: 1956
.....and again Substituted by Act 5 of 1997, Section 3 (w.e.f. 1-3-1997). 2. Substituted for "Company Law Board" by Companies (Second Amendment) Act, 2002. 3. Inserted by Act 65 of 1960, Section 7 (w.e.f. 28-12-1960). Section 19 - Effect of failure to register (1) No such alteration as is referred to in section 17 shall have any effect until it has been duly registered in accordance with the provisions of section 18. 1[(2) If the documents, required to be filed with the Registrar under section 18 are not filed within the time allowed under that section, such alteration and the order of the2[Central Government] made under sub-section (5) of section 17 and all proceedings connected therewith shall, at the expiry of such period, become void and inoperative: Provided that the2[Central Government] may, on sufficient cause shown, revive the order on application made within a further period of one month.] _____________________ 1. Substituted by Act 65 of 1960, Section 8, for sub-section (2) (w.e.f. 28-12-1960). 2. Substituted for "Company Law Board" by Companies (Second Amendmet) Act, 2002. Section 20 TO 25 - Provision with respect to names of companies Section.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 17
Title: Special Resolution and Confirmation by Central Government Required for Alteration of Memorandum
State: Central
Year: 1956
.....may make such order as to costs as it thinks proper. (6) The Central Government shall, in exercising its powers under this section, have regard to the rights and interests of the members of the company and of every class of them, as well as to the rights and interests of the creditors of the company and of every class of them. (7) The Central Government may, if it thinks fit, adjourn the proceedings in order that an arrangement may be made to the satisfaction of the Central Government for the purchase of the interests of dissentient members; and may give such directions and make such orders as it thinks fit for facilitating, or carrying into effect, any such arrangement: Provided that no part of the capital of the company may be expended for any such purchase.] _____________________ 1. Substituted by Act 11 of 2003, Section 7, for section 17 (see Annexe).
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Part 4
Title: Share Capital and Debentures
State: Central
Year: 1956
.....company who is in default, shall be punishable with fine which may extend to3[five hundred rupees]. ________________________ 1.Substituted by Act 11 of 2003, Section 14, for "Court". 2.Substituted by Act 31 of 1965, Section 62 and Schedule, for "fifteen" (w.e.f. 15-10-1965). 3. Substituted by Act 53 of 2000, Section 43, for "fifty rupees" (w.e.f. 13-12-2000). Section 108 to 112 - Transfer of shares and debentures Section 108 - Transfer not to be registered except on production of instrument of transfer (1) A company shall not register a transfer of shares in, or debentures of, the company, unless a proper instrument of transfer duly stamped and executed by or on behalf of the transferor and by or on behalf of the transferee and specifying the name, address and occupation, if any, of the transferee, has been delivered to the company along with the certificate relating to the shares or debentures or if no such certificate is in existence, along with the letter of allotment of the shares or debentures: Provided that where, on an application in writing made to the company by the transferee and bearing the stamp required for an instrument of transfer, it is proved.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 107
Title: Rights of Dissentient Shareholders
State: Central
Year: 1956
.....disallow the variation; and shall, if not so satisfied, confirm the variation. (4) The decision of the Court any such application shall be final. (5) The company shall, within2[thirty] days after the service on the company of any order made on any such application, forward a copy of the order to the Registrar; and if default is made in complying with this provision, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to3[five hundred rupees]. ________________________ 1.Substituted by Act 11 of 2003, Section 14, for "Court". 2.Substituted by Act 31 of 1965, Section 62 and Schedule, for "fifteen" (w.e.f. 15-10-1965). 3. Substituted by Act 53 of 2000, Section 43, for "fifty rupees" (w.e.f. 13-12-2000).
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Annexe 1
Title: Annexe
State: Central
Year: 1956
.....of time required in obtaining copies of orders of Court or Company LawBoard Exceptas expressly provided in this behalf elsewhere in this Act, where by anyprovision of this Act, any order of the Court or Company Law Board is requiredto be filed with the Registrar, or a company or any other person within a periodspecified therein, then, in computing that period, the time taken in drawing upthe order and in obtaining a copy thereof shall be excluded. Section643 643.Power of Supreme Court to make rules (1)The Supreme Court, after consulting the High Courts,-- (a)shall make rules providing for all matters relating to the winding up ofcompanies which, by this Act, are to be prescribed; and may make rules providingfor all such matters as may be prescribed, except those reserved to the CentralGovernment by sub-section (5) of section 503, sub-section (3) of section 550,section 552 and sub-section (3) of section 555; and (b)may make rules consistent with the Code of Civil Procedure, 1908 (5 of1908),-- (i)as tothe modeof proceedings tobe hadfor windingup a company in High Courts and inCourts subordinate thereto; (ii)for the voluntary winding up of companies,.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Amending Act 4
Title: Companies (Second Amendment) Act, 2002
State: Central
Year: 1956
THE COMPANIES (SECOND AMENDMENT) ACT, 2002 [Act, No. 11 of 2003] [13th January 2003] PREAMBLE An Act further to amend the Companies Act, 1956. BE it enacted by Parliament in the Fifty-Third Year of the Republic of India as follows:-- Section1. Short title and commencement (1) This Act may be called the Companies (Second Amendment) Act, 2002. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. Section2. Amendment of section 2 In section 2 of the Companies Act, 1956 (1 of 1956) (hereinafter referred to as the principal Act),-- (a) after clause (1a), the following clause shall be inserted, namely:-- '(1B) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under sub-section (1) of section 10FR;'; (b) after clause (19A), the following clauses shall be inserted, namely:-- '(19AA) "industrial company" means a company which owns one.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Schedule IX
Title: Ninth Schedule
State: Central
Year: 1935
.....until His Miajesty in Council has signified his assent and that assent has been notified by the Governor- General. 69. Power of Crown to disallow Acts.--(1) When an Act of the Indian legislaturehas been assented to by the Governor-General, he shall send to the Secretary of State an authentic copy thereof, and it shall be lawful for his Majesty in Council to signify, Ms disllowance of any such Act. (2) Where the disallowance of any such Act has been, so signified, the Governor-General shall forthwith notify the disallowance, and thereupon the Act, as from the date of notification, shall become void accordingly. 72. Power to make ordinances in cases of emergency.--The Governor-General may in cases of emergency, make and promulgate ordinances for the peace and good govern- ment of British India or any part thereof, and any ordinance so made shall, 3 [for the space of not more than six months from its promulgation] have the like force of law as an Act passed by the Indian legislature; but the power of making ordinances under this section is subject to the like restrictions as the power of the Indian legislature to make laws; and any ordinance made under this section is subject.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1915-19 [Repealed] Part IV
Title: The Governor-general in Council
State: Central
Year: 1915
.....his continuance in office as such member, hold any military command or be employed in actual military duties. 7[(5) Provision may be made by rules under this Act as to the qualifications to be required in respect of the members of the Governor-General's executive council in any case where such provision is not made by the foregoing provisions of this section.] ________________________ 1. The word "ordinary" was omitted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101). 2. These words were substituted for the words "five, on if His Majesty thinks fit to appoint a sixth member, six" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101). 3. The words "at the time of their appointment" were omitted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101). 4. These words were inserted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101). 5. This word was substituted for the word "five" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101). 6. These words were substituted for the words "person appointed.....
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