Bare Act Search Results

The Indian Penal Code 1860 Complete Act

State: Central

Year: 1860

.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....

Companies Act, 1956 Part 7

Title: Winding Up

State: Central

Year: 1956

.....given as the1[Tribunal] thinks reasonable. _____________________ 1. Substituted Act 11 of 2003, Section 54, for "Court". 2. Substituted by Act 11 of 2003, Section 54. 3. Substituted by Act 65 of 1960, Section 162, for "clauses (b), (c) and (e)" (w.e.f. 28-12-1960). 4. Substituted by Act 11 of 2003, Section 54, for "and (f)". 5. Substituted by Act 65 of 1960, Section 162, for "an inspector" (w.e.f. 28-12-1960). Section 439A - Statement of affairs to be filed on winding up of a company 1[ 439A. Statement of affairs to be filed on winding up of a company ( 1 ) Every company shall file with the Tribunal a statement of its affairs alongwith the petition for winding up. ( 2 ) Where a company oppose a petition for its winding up, it sh all file with the Tribunal a statement of its affairs. ( 3 ) The statement of affairs referred to in sub-section ( 1 ) or sub-section ( 2 ) shall be accompanied by-- (a) the last known addresses of all directors and company, secretary of such company; (b) the details of location of assets of the company and their value; (c) the details of all debtors and creditors with their complete addresses; (d) the details of workmen.....

Companies Act, 1956 Chapter 3

Title: Voluntary Winding Up

State: Central

Year: 1956

.....rupees" (w.e.f. 13-12-2000). 4. Substituted by Act 31 of 1965, Section 54, for sub-section (5) and (6) (w.e.f. 15-10-1965). 5. Substituted by Act 11 of 2003, Section 85, for "Court". 6. Substituted by Act 53 of 2000, Section 198, for "five hundred rupees" (w.e.f. 13-12-2000). Section 498 - Alternative provisions as to annual and final meetings in case of insolvency Where section 495 has effect sections 508 and 509 shall apply to the winding up, to the exclusion of sections 496 and 497, as if the winding up were a creditors' voluntary winding up and not a members' voluntary winding up: Provided that the liquidator shall not be required to call a meeting of creditors under section 508 at the end of the first year from the commencement of the winding up, unless the meeting held under section 495 has been held more than three months before the end of that year. Section 499 to 509 - Provisions applicable to a creditors' voluntary winding up Section 499 - Provisions applicable to a creditors voluntary winding up The provisions contained in sections 500 to 509, both inclusive, shall apply in relation to a creditors' voluntary winding up. Section 500 - Meeting of.....

Companies Act, 1956 Chapter 5

Title: Provisions Applicable to Every Mode of Winding Up

State: Central

Year: 1956

.....that period; (b) the expression "accrued holiday remuneration" includes, in relation to any person, all sums which, by virtue either of his contract of employment or of any enactment (including any order made or direction given under any enactment), are payable on account of the remuneration which would, in the ordinary course, have become payable to him in respect of a period of holiday, had his employment with the company continued until he became entitled to be allowed the holiday; 5[***] 6[(bb) the expression "employees" does not include a workman; and] (c) the expression "the relevant date" means- (i) in the case of a company ordered to be wound up compulsorily, the date of the appointment (or first appointment) of a provisional liquidator, or if no such appointment was made, the date of the winding up order, unless in either case the company had commenced to be wound up voluntarily before that date; and (ii) in any case where sub-clause (i) does not apply, the date of the passing of the resolution for the voluntary winding up of the company. (9) This section shall not apply in the case of a winding up where the date referred to in sub-section (5) of section.....

Chit Funds Act, 1982 Chapter X

Title: Winding Up of Chits

State: Central

Year: 1982

.....or (c) if he fails to deposit any amount required to be deposited under any of the provisions of this Act; or (d) if it is proved to the satisfaction of the Registrar that the foreman is unable to pay the amounts due to the subscribers; or (e) if the execution or other process issued on an order passed by the Registrar in favour of any subscriber in respect of amounts due to him from the foreman in relation to the chit business is returned unsatisfied in whole or in part; or (f) if it is proved that there has been a fraud or collusion on the part of the foreman in the matter of taking securities from any prized subscriber; or (g) if the foreman has appropriated the prize amount in his capacity as a subscriber without furnishing sufficient security for future subscriptions; or (h) if the Registrar is satisfied that the affairs of the chit are being conducted in a manner prejudicial to the interests of the subscribers; or (i) if it is just and equitable that the chit should be wound up. Explanation.-For the purpose of clause (d), in determining whether the foreman is unable to pay the amount due to the subscribers, the Registrar shall, take into account his.....

Banking Regulation Act, 1949 Part 3

Title: Suspension of Business and Winding Up of Banking Companies

State: Central

Year: 1949

.....sections. 4 and 7; Act 23 of 1955, Section 53 and Schedule IV; Act 79 of 1956, Section 43 and Schedule II; Act 95 of 1956, Section 14 and Schedule; Act 33 of 1959, Section 27 and Act 37 of 1960, Section 2. to read as above. 2. Section 39 renumbered as sub-section (1) of that section by Act 58 of 1968, Section 16 w.e.f. 1-2-1969. 3. Inserted by Act 58 of 1969, Section 16 with retrospective effect. Section 39A - Application of Companies Act to liquidators 1[39A. Application of Companies Act to liquidators.- (1) All the provisions of the Companies Act, 1956 (1 of 1956), relating to a liquidator, in so far as they are not inconsistent with this Act, shall apply to or in relation to a liquidator appointed under section 38A or section 39. (2) Any reference to the "official liquidator" in this Part and Part IIIA shall be construed as including a reference to any liquidator of a banking company. ] ______________________ 1. Inserted by 33 of 1959, Section 28 w.e.f. 1-10-1959. Section 40 - Stay of proceedings Notwithstanding anything to the contrary contained in 1[section 466 of the Companies Act, 1956 (1 of 1956)], the 2[High Court] shall not make any order staying.....

Karnataka Souharda Sahakari Act, 1997 Chapter VII

Title: Winding Up of Co--operatives

State: Karnataka

Year: 1997

.....on business for two consecutive years; or (c) is no longer operating in accordance with the co-operative principles and the provisions of this Act, rules and the bye-laws of the Co-operative, he may suomotu, require the Chief Executive of the Co-operative to intimate whether suchCo-operative is carrying on business or is submitting annual returns. (3) If no reply is received from the Chief Executive within one month, the Registrar shall within fourteen days after the expiry of the said period record that no reply has been received by him and shall publish a notice in the newspaper having wide circulation in the local area to wind up theCo-operative. (4) If the Registrar receives a reply from theCo-operative that it is not carrying on business or is not in operation or does not wish to continue as aCo-operative or can not submit an annual return, he shall publish in the newspaper and send to theCo-operative a notice specifying the date on the expiry of which the Co-operative shall, unless cause is shown to the contrary, be wound up. (5) If the Registrar after considering the reply, if any, issatisfied.- (i) that the Co-operative has no assets and liabilities, he.....

Companies Act, 1956 Part 10

Title: Winding Up of Unregistered Companies

State: Central

Year: 1956

.....partnership, association or company, as the case may be, is presented before the3[Tribunal] _____________________ 1. Certain words omitted by Act 62 of 1956, Section 2 and Schedule (w.e.f. 1-11-1956). 2. Inserted by Act 65 of 1960, Section 192 (w.e.f. 28-12-1960). 3. Substituted by Act 11 of 2003, Section 114, for "Court". Section 583 - Winding up of unregistered companies (1) Subject to the provisions of this Part, any unregistered company may be wound up under this Act, and all the provisions of this Act with respect to winding up shall apply to an unregistered company, with the exceptions and additions mentioned in 1 [sub-section (3)] to (5). 2 [***] (3) No unregistered company shall be wound up under this Act voluntarily 3 [by the Tribunal]. (4) The circumstances in which an unregistered company may be wound up are as follows:- (a) if the company is dissolved, or has ceased to carry on business, or is carrying on business only for the purpose of winding up its affairs; (b) if the company is unable to pay its debts; (c) if the 4 [Tribunal] is of opinion that it is just and equitable that the company should be wound up. (5) An unregistered company.....

Multi State Co-operative Societies Act, 1984 [Repealed] Chapter IX

Title: Winding Up of Multi-state Co-operative Societies

State: Central

Year: 1984

.....shall be reimbursed by the liquidator or such other person in the circumstances, to the extent and in the manner provided in section 21-of that Act. Section 80 - liquidator (1) Where the Central Registrar has made an order under section 77-for the winding up of a multi-State co-operative society, the Central Registrar may appoint a liquidator for the purpose and fix his remuneration. (2) A liquidator shall, on appointment, lake into his custody or under his control all the property. effects and actionable claims to which the multi-State co-operative society is or appears to be entitled and shall take such steps as he may deem necessary or expedient to prevent loss or deterioration of. or damage lo. such property, effects and claims and he may carry on the business of the Multi-State co-operative society so far as may be necessary with the previous approval of the Central Registrar. (3) Where an appeal is preferred under clause (k) of sub-section (1) of section 90-. an order for the winding of a multi-State co-operative society made under section 77-shall not operate thereafter until the order is confirmed in appeal : Provided that the liquidator shall continue to.....

Multi-state Co-operative Societies Act, 2002 Chapter X

Title: Winding Up of Multi-state Co-operative Society

State: Central

Year: 2002

.....shall be reimbursed by the liquidator or such other person in the circumstances, to the extent and in the manner provided in section 21 of that Act. Section 89 - Liquidator (1) Where the Central Registrar has made an order under section 86 for the winding up of a multi-State co-operative society, the Central Registrar may appoint a liquidator for the purpose and fix his remuneration. (2) A liquidator shall, on appointment, take into his custody or under his control all the property, effects and actionable claims to which the multi-State co-operative society is or appears to be entitled and shall take such steps as he may deem necessary or expedient to prevent loss or deterioration of, or damage to, such property, effects and claims and he may carry on the business of the multi-State co-operative society so far as may be necessary with the previous approval of the Central Registrar. (3) Where an appeal is preferred under clause (1) of sub-section (1) of section 99, an order for the winding up of a multi-State co-operative society made under section 86 shall not operate thereafter until the order is confirmed in appeal: Provided that the liquidator shall continue to.....