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Home Bare Acts Phrase: fraudulentCompanies Act, 1956 Section 533
Title: Liabilities and Rights of Certain Fraudulently Preferred Persons
State: Central
Year: 1956
.....have jurisdiction to determine any questions with respect to the payment arising between the person to whom the payment was made and the surety or guarantor and to grant relief in respect thereof, notwithstanding that it is not necessary so to do for the purposes of the winding up, and for that purpose may give leave to bring in the surety or guarantor as a third party as in the case of a suit for the recovery of the sum paid. This sub-section shall apply, with the necessary modifications, in relation to transactions other than the payment of money as it applies in relation to payments of money. _____________________ 1. Substituted by Act 11 of 2003, Section 95, for "Court".
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 208
Title: Fraudulently Suffering Decree for Sum Not Due
State: Central
Year: 1860
Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum that is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustration A institutes a suit against Z. Z knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 210
Title: Fraudulently Obtaining Decree for Sum Not Due
State: Central
Year: 1860
Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in properly to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 265
Title: Fraudulent Use of False Weight or Measure
State: Central
Year: 1860
265. Fraudulent use of false weight or measure Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
View Complete Act List Judgments citing this sectionKarnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Section 9
Title: Fraudulent Default by Financial Establishment
State: Karnataka
Year: 2004
.....of the Court, the imprisonment shall not be less man three years and the fine shall not be less than twenty thousand rupees as against each individual and not less than one lakh of rupees against such financial establishment. Explanation.--For the purpose of this section a financial establishment, which commits default in repayment of such deposit with such benefits in form of interest, bonus, profit or in any other form as promised or fails to render any specific service promised against such deposit, or fails to render any specific service agreed against the deposit with an intention of causing wrongful gain to one person or wrongful loss to another person or commits such defaults due to its inability arising out of impracticable or commercially not viable promises made while accepting such deposit or arising out of deployment of money or assets out of the deposits in such manner as it involves inherent risk in recovering the same when needed shall, be deemed to have committed a default or failed to render the specific service, fraudulently.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 331
Title: Liabilities and Rights of Certain Persons Fraudulently Preferred
State: Central
Year: 2013
.....the debt, to the extent of the mortgage or charge on the property or the value of his interest, whichever is less. (2) The value of the interest of the person preferred under sub-section (1) shall be determined as at the date of the transaction constituting the fraudulent preference, as if the interest were free of all encumbrances other than those to which the mortgage or charge for the debt of the company was then subject. (3) On an application made to the Tribunal with respect to any payment on the ground that the payment was a fraudulent preference of a surety or guarantor, the Tribunal shall have jurisdiction to determine any questions with respect to the payment arising between the person to whom the payment was made and the surety or guarantor and to grant relief in respect thereof, notwithstanding that it is not necessary so to do for the purposes of the winding up, and for that purpose, may give leave to bring in the surety or guarantor as a third party as in the case of a suit for the recovery of the sum paid. (4) The provisions of sub-section (3) shall apply mutatis mutandis in relation to transactions other than payment of money.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 531
Title: Fraudulent Preference
State: Central
Year: 1956
.....within three months before the presentation of an insolvency petition on which he is adjudged insolvent, would be deemed in his insolvency a fraudulent preference, shall in the event of the company being wound up, be deemed a fraudulent preference of its creditors and be invalid accordingly: Provided that, in relation to things made, taken or done before the commencement of this Act, this sub-section shall have effect with the substitution, for the reference to six months, of a reference to three months. (2) For the purposes of sub-section (1), the presentation of a petition for winding up in the case of a winding up by 1 [the Tribunal], and the passing of a resolution for winding up in the case of a voluntary winding up, shall be deemed to correspond to the act of insolvency in the case of an individual. _____________________ 1. Substituted by Act 11 of 2003, Section 94, for "or subject to the supervision of the Court".
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 424
Title: Dishonest or Fraudulent Removal or Concealment of Property
State: Central
Year: 1860
Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
View Complete Act List Judgments citing this sectionSecurities and Exchange Board of India Act, 1992 Section 15HA
Title: Penalty for Fraudulent and Unfair Tradepractices
State: Central
Year: 1992
1 [15HA. Penalty for fraudulent and unfair tradepractices If any person indulges in fraudulent and unfair trade practices relating to securities, he shall be liable to a penalty of twenty-five crore rupees or three times the amount of profits made out of such practices, whichever is higher.] ______________________ 1.Inserted by Act 59 of 2002, section 17(w.r.e.f. 29-10-2002).
View Complete Act List Judgments citing this sectionSpecial Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 4
Title: Contracts Entered into Fraudulently May Be Cancelled
State: Central
Year: 1992
.....and on any time after the 1st day of April, 1991 and on and before the 6th June, 1992in relation to any property of the person notified under sub-section (2) of section 3 has been entered into fraudulently or to defeat the provisions of this Act, he may cancel such contract or agreement and on such cancellation such property shall stand attached under this Act; Provided that no contract or agreement shall be cancelled except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. (2) Any person aggrieved by a notification issued under sub-section (2) of section 3 or any cancellation made under sub-section (1) of section 4 or any other order made by the Custodian in exercise of the powers conferred on him under section 3 or 4 may file a petition objecting to the same within thirty days of the assent to the Special Court (Trial of Offences Relating to Transactions in Securities)Bill, 1992 by the President before the Special Court where such notification, cancellation or order has been issued before the date of assent to the Special Court (Trial of Offences Relating to Transactions in Securities) Bill, 1992 by the President and where.....
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