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Start Free TrialCompanies Act, 2013, Section 107
Title: Voting by Show of Hands
State: Central
Year: 2013
(1) At any general meeting, a resolution put to the vote of the meeting shall, unless a poll is demanded under section 109 or the voting is carried out electronically, be decided on a show of hands. (2) A declaration by the Chairman of the meeting of the passing of a resolution or otherwise by show of hands under sub-section (1) and an entry to that effect in the books containing the minutes of the meeting of the company shall be conclusive evidence of the fact of passing of such resolution or otherwise.
View Complete Act List Judgments citing this sectionArmy and Air Force (Disposal of Private Property) Act, 1950 Section 12
Title: Property in the Hands of Commanding Officer, Committee or Prescribed Person Not to Be Assets Where Commanding Officer, Committee or Prescribed Person is Stationed
State: Central
Year: 1950
Any property coming into the hands of the commanding officer of the Committee or the prescribed person under section 3, section 4 or sub-section (4) of section 7 shall not, by reason thereof, be deemed to be assets of effects at the place in which that commanding officer or the Committee or the prescribed persons is stationed, and it shall not be necessary by reason thereof that representation be taken out in respect of that property for that place.
View Complete Act List Judgments citing this sectionDelhi Agricultural Produce Marketing Regulation Act 1976 Section 22
Title: Refusal to Hand over Charge to New Chairman or Vice-chairman
State: Central
Year: 1976
.....Market Committee is functioning for seizing and taking possession of the records, funds and property of the Market Committee in the possession of such Chairman or Vice-Chairman and handing over possession thereof to the successor-in-office. (4) On receipt of an application under sub-section (3), the Executive Magistrate may authorise any police officer, not below the rank of a sub-inspector, to enter and search any place where the records, funds and property are kept or are likely to be kept and to seize them and hand over possession thereof to the person specified in such application. (5) The provisions of the Code of Criminal Procedure, 1973, shall apply to every search and seizure made under this Act.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 123
Title: Payments of Certain Debts out of Assets Subject to Floating Charge in Priority to Claims Under the Charge
State: Central
Year: 1956
.....becoming payable on the termination of employment before or by the effect of the appointment of the receiver or possession being taken as aforesaid. (3) The periods of time mentioned in the said provisions of Part VII shall be reckoned from the date of appointment of the receiver or of possession being taken as aforesaid, as the case may be. (4) Where the date referred to in sub-section (3) occurred before the commencement of this Act, sub-sections (1) and (3) shall have effect with the substitution, for reference to the said provisions of Part VII, of references to the provisions which, by virtue of sub-section (9) of section 530, are deemed to remain in force in the case therein mentioned, and sub-section (2) shall not apply. (5) Any payments made under this section shall be recouped, as far as may be, out of the assets of the company available for payment of general creditors.
View Complete Act List Judgments citing this sectionDisplaced Persons Compensation and Rehabilitation Act 1954 [Repealed] Section 20
Title: Power to Transfer Property out of the Compensation Pool
State: Central
Year: 1954
.....of displaced persons or otherwise.] (2) Every managing officer or managing corporation selling any immovable property by public auction under sub-section (1) shall be deemed to be a Revenue Officer within the meaning of sub-section (4) of section 89 of the Indian Registration Act, 1908 (XVI of 1908). (3) Where the ownership of any property has passed to the buyer before the payment of the whole of the purchase money, the amount of the purchase money or any part thereof remaining unpaid and any interest on such amount or part shall, notwithstanding anything to the contrary contained in any other law, be a first charge upon the property in the hands of the buyer or any transferee from such buyer and may, on a certificate issued by the Chief Settlement Commissioner, be recovered in the same manner as an arrear of land revenue. ___________________________ 1. Inserted by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1956, w.e.f 22-10-1956. 2. Inserted by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1960, w.e.f. 27-02-1960.
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 175
Title: Powers of Central Government to Hand over Estate of Deceased Persons to the Administrator-general
State: Central
Year: 1957
.....Act, 1913, an Administrator-General shall not interpose in any manner in relation to any property of a deceased which has been dealt with under section 171 or section 172 except in so far as he is expressly required or competent to do so by or under the provisions of this Act. (2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased1[sailor] or officer shall be handed over by the commanding officer or the Committee of Adjustment, as the case may be, to the Administrator-General of a State for administration and thereupon such commanding officer or the Committee shall make over the estate to such Administrator-General. (3) Where under this section any estate is handed over to the Administrator-General, the latter shall administer such estate in accordance with the provisions of the Administrator-General's Act, 1913: Provided that where the estate is handed over to the Administrator-General before the ship and service debts and other debts in ship or quarters of the deceased are paid, it shall be the duty of the Administrator-General to pay these debts in priority to any debts due by the deceased. (4).....
View Complete Act List Judgments citing this sectionEducation Act, 1983 Section 106
Title: Governing Council to Hand over Properties, Records, Etc., to Competent Authority on Closure, Etc., of Private Educational Institution
State: Karnataka
Year: 1983
.....Judicial Magistrate of the First Class having jurisdiction shall, on an application made by the competent authority, by order, after notice to the Governing Council, direct the handing over of the custody of such properties, records or accounts of the institution to the competent authority within the time specified in such order. (b) Where the Governing Council fails to hand over the custody of the properties, records or accounts within the time specified in the order of the Magistrate under clause (a), it shall be punished with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both, and the Magistrate shall cause the custody of the properties, records or accounts to be handed over to the competent authority taking such police assistance as may be necessary. (3) Nothing in this section shall apply to a private educational institution under the management of a charitable or religious institution, charitable or religious endowment or wakf.
View Complete Act List Judgments citing this sectionArmy and Air Force (Disposal of Private Property) Act, 1950 Section 7
Title: Power of Central Government to Hand over Estate or Deceased Person to the Administrator General
State: Central
Year: 1950
.....Administrator General shall not interpose in any manner in relation to any property of a deceased which has been dealt with under the provisions of section 3 or section 4, except in so far as he is expressly required or permitted to do so by or under the provisions of this Act. (2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased shall be handed over by the commanding officer or the Committee, as the case may be, to the Administrator General of a State for administration, and thereupon the commanding officer or the Committee, as the case may be, shall make over the estate to such Administrator General. (3) Where under this section any estate is handed over to the Administrator General, the Administrator General shall administer such estate in accordance with the provisions of1[the Administrators-General Act, 1963 (45 of 1963)], or, if that Act is not in force in any State, of the corresponding law in force in that State : Provided that the regimental and other debts in camp or quarters of the deceased, if any, shall be paid by the Administrator General in priority to any other debts due by the.....
View Complete Act List Judgments citing this sectionIndian Stamp Act, 1899 Section 19
Title: Bills and Notes Drawn out of India
State: Central
Year: 1899
.....stamp is affixed thereto and cancelled in manner prescribed by section 12, and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this Act, such stamp shall, so far as relates to such holder, be deemed to have been duly affixed and cancelled; (b) nothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp. ____________________________ 1. Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956. 2. Inserted by Act 5 of 1927, Section 5. 3. The word "cheque" omitted byAct 5 of 1927, Section 5. 4. The word "cheque" omitted by Act 5 of 1927, Section 5.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 63
Title: Following Trust-property into the Hands of Third Persons
State: Central
Year: 1882
Where trust-property conies into the hands of a third person is consistently with the trust, the beneficiary may require him to admit formally, or may institute a suit for a declaration, 'that the property is comprised in the trust. Into that into which it has been converted.--Where he trustee has disposed of trust-properly and the money or other property which he has received therefor can be traced in his hands, or the hands of his legal representative or legatee, the beneficiary has, in respect thereof, rights as nearly as may be the same as his rights in respect of the original trust-property. Illustrations (a) A, a trustee for B of Rs.10,000, wrongfully invests the Rs.10,000 in the purchase of certain land. B is entitled to the land. (b) A, a trustee, wrongfully purchases land in his own name, partly with his own money, partly with money subject to a trust for . B is entitled to a charge on the land for the amount of the trust-money so misemployed.
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