Bare Act Search Results

Companies Act, 1956 Section 539

Title: Penalty for Falsification of Books

State: Central

Year: 1956

If with intent to defraud or deceive any person, any officer or contributory of a company which is being wound up (a) destroys mutilates, alters, falsifies or secretes, or is privy to the destruction, mutilation, alteration, falsification or secreting of, any books, papers or securities; or (b) makes, or is privy to the making of, any false or fraudulent entry in any register, book of account or document belonging to the company; he shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Indian Penal Code (45 of 1860) Section 477A

Title: Falsification of Accounts

State: Central

Year: 1860

.....any material particular from or in, any such 2 [book,electronic record, paper, writing], valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.--It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.] ________________________ 1. Added by Act 3 of 1895, section 4. 2. Substituted by Act 21 of 2000, section 91 for Sch. I, for "book, paper, writing" (w.e.f. 17-10-2000).

Companies Act, 1956 Complete Act

State: Central

Year: 1956

.....the same activity as that carried on by the head office of the company; or (c) any establishment engaged in any production, processing or manufacture, but does not include any establishment specified in any order made by the Central Government under (section 8);] (10) "company" means a company as defined in (section 3); [(10A) "Company Law Board" means the Board of Company Law Administration constituted under (section 10E);] [(11) "the Court" means,- (a) with respect to any matter relating to a company (other than any offence against this Act), the Court having jurisdiction under this Act with respect to that matter relating to that company, as provided in (section 10) ; (b) with respect to any offence against this Act, the Court of a Magistrate of the First Class or, as the case may be, a Presidency Magistrate, having jurisdiction to try such offence ;] (12) "debenture" includes debenture stock, bonds and any other securities of a company, whether constituting a charge on the assets of the company or not; [(12A) "depository" has the same meaning as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2.....

Companies Act, 1956 Part 7

Title: Winding Up

State: Central

Year: 1956

.....pay the sum so due and the company has for three weeks thereafter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; (b) if execution or other process issued on a decree or order of2[any court or Tr i bunal] in favour of a creditor of the company is returned unsatisfied in whole or in part; or (c) if it is proved to the satisfaction of the3[Tribunal] that the company is unable to pay its debts, and, in determining whether a company is unable to pay its debts, the3[Tribunal] shall take into account the contingent and prospective liabilities of the company. (2) The demand referred to in clause (a) of sub-section (1) shall be deemed to have been duly given under the hand of the creditor if it is signed by any agent or legal adviser duly authorised on his behalf, or in the case of a firm, if it is signed by any such agent or legal adviser or by any member of the firm. _____________________ 1. Substituted by Act 11 of 2003, Section 52, for "five hundred rupees". 2. Substituted by Act 11 of 2003, Section 52, for "any Court" . 3. Substituted by Act 11 of 2003, Section 52, for "Court". Section 435 to 438 - *** .....

Companies Act, 1956 Chapter 5

Title: Provisions Applicable to Every Mode of Winding Up

State: Central

Year: 1956

.....amount as the1[Tribunal] may, on the application of the liquidator, authorise him to retain, then, unless he explains the retention to the satisfaction of the1[Tribunal], he shall - (a) pay interest on the amount so retained in excess, at the rate of twelve per cent, per annum and also pay such penalty as may be determined by the Registrar; (b) be liable to pay any expenses occasioned by reason of his default; and (c) also be liable to have all or such part of his remuneration as the1[Tribunal] may think just disallowed, and to be removed from his office by the1[Tribunal]. _____________________ 1. Substituted by Act 11 of 2003, Section 108, for "Court". Section 554 - Liquidator not to pay moneys into private banking account Neither the Official Liquidator nor any other liquidator of a company shall pay any moneys received by him in his capacity as such into any private banking account. Section 555 - Unpaid dividends and undistributed assets to be paid into the Companies Liquidation Account 1 [(1) Where any company is being wound up, if the liquidator has in his hands or under his control any money representing - (a) dividends payable to any creditor.....

Extradition Act, 1962 Schedule I

Title: Extradition Treaty Between India and Switzerland

State: Central

Year: 1962

.....or larceny, 6.Obtaining money or goods by false pretences. 7.Crimes against bankruptcy law. 8.Fraud committed by a bailee, banker, agent, factor, trustee, or director, ormember of public officer of any Company made criminalby any law for the time being in force. 9.Rape. 10.Abduction of minors 11.Child stealing or kidnapping. 12.Burglary, or house breaking, with criminal intent. 13.Arson. 14.Robbery with violence. 15.Threats by letter or otherwise with intent to extort. 16.Perjury or subornation or perjury. 17. Malicious injury to property, if the offence be indictable. The extradition isalso to take place for participation in any of the aforesaid crimes, as anaccessory before or after the fact, provided such participation be punishable bythe laws of both Contracting Parties. ARTICLEIII Afugitive criminal may be apprehended in either country under a warrant issued byany Police Magistrate, Justice of the Peace, or other competent authority, onsuch information or complaint, and such evidence, or after such proceedings aswould, in the opinion of the authority Issuing the warrant, justify the issue ofa warrant if the crime had been committed or the.....

Companies Act, 1956 Schedule 11

Title: Schedule 11

State: Central

Year: 1956

.....being at the time of the commission of the alleged offence, an officer of a company in respect of which the 1 [Tribunal] subsequently makes an order under section 397 or 398, - (a) has, by false pretences or by means of any other fraud, induced any person to give credit to the company; (b) with intent to defraud creditors of the company, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the levying of any execution against, the property of the company; or (c) with intent to defraud creditors of the company, has concealed or removed any part of the properly of the company since the date of any unsatisfied judgment or order for payment of money obtained against the company, or within two months before that date; he shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine. 541. Liability where proper accounts not kept (1) Where an application has been made to the 1 [Tribunal] under section 397 or 398 in respect of a company, if it is shown that proper books of account were not kept by the company throughout the period of two years immediately preceding the making.....

Companies Act, 1913 Complete Act

State: Central

Year: 1913

.....either his consent to the alteration has been obtained or bis debt or claim has been discharged or has determined, or has been secured to the satisfaction of the Court: Provided that the Court may, in the case of any person or class, for special reasons, dispense with the notice required by this section. SECTION 13: Power of Court when confirming alteration: The Court may make an order confirming the alteration either wholly or in part, and on such terms and conditions as it thinks fit, and may make such order as to costs as it thinks proper. SECTION 14: Exercise of discretion by Court: The Court shall, in exercising its discretion under sections 12 and 13, have regard to the rights and interests of the members of the company or of any class of them, as well as to the rights and interests of the creditors, and may, if it thinks fit, adjourn the proceedings in order that an arrangement may be made to the satisfaction of the Court for the purchase of the interests of dissentient members ; and may give such directions and make such orders as it may think expedient for facilitating or carrying into effect any such arrangement; Provided that no part of the capital of the.....

The Code of Criminal Procedure, 1973 Complete Act

State: Assam

Year: 1973

.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other.....

The Kerala Chitties Act, 1975 [1] Complete Act

State: Kerala

Year: 1975

.....a bond in favour of or in trust for the other subscribers for the proper conduct of the chitty, charging immovable property sufficient to the satisfaction of the Registrar for the realization of twice the chitty amount; or (b) deposit in an approved bank an amount equal to the chitty amount or invest in Government securities of the face value of note less than one and a half times the chitty amount and transfer the amount so deposited or the Government securities in favour of the Registrar to be held in trust by him as security for the due conduct of the chitty. (2) If any foreman makes default in complying with the requirements of sub-section (1), he shall be punishable with fine which may extend to five hundred rupees. (3) The security given by the foreman under sub-section (1) or any security substituted under sub-section (6) shall not be liable to be attached in execution of a decree or otherwise until the chitty is terminated and the claims of all are fully satisfied. (4) The Registrar shall, after the termination of a chitty and after satisfying himself that the claims of all the subscribers have been fully satisfied, order the release of the security.....