Bare Act Search Results

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.....

The Orissa Tenancy Act, 1913 Complete Act

State: Orissa

Year: 1913

.....the landlord has not given his consent, to the transfer. (2) The holding or a portion or a share thereof shall not be liable to be sold in satisfaction of the decree for arrears of rent without making the said transferee a party to the proceedings in execution of the decree; provided that the transferee has given notice of transfer by registered post to the landlord. Explanation - Notwithstanding anything contained in this Act or in the Code of Civil Procedure, in the case of a transfer of a holding or a portion or a share thereof, whether before or after the decree may be brought on record in the proceedings in execution either in substitution of or in addition to the judgment-debtor, and such transferee shall, when so added or substituted, be treated as a judgment-debtor for all purposes of the said proceedings in execution of the decree. Section 32 - Presumption as to fair and equitable rent The rent for the time being payable by an occupancy raiyat shall be presumed to be fair and equitable until the contrary is proved. Section 33 - Restriction on enhancement of money rents Where an occupancy raiyat pays his rent in money, his rent shall not be enhanced, except.....

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.....

Government of India Act, 1935 Complete Act

State: Central

Year: 1935

.....inconsistent with the scheme of Federation embodied in this Act: Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument. (5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto, may, without affecting the accession of the State, be amended by or by authority of Parliament, but not such amendment shall, unless it is accepted by the Ruler in a supplementary Instrument, be construed as extending the functions which by virtue of the Instrument are exercisable by His Majesty or any Federal Authority in relation to the State. (6) An Instrument of Accession or supplementary Instrument shall not be valid unless it is executed by the Ruler himself, but, subject as aforesaid, references in this Act to the Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by reason of the.....

Companies Act, 1956 Amending Act 4

Title: Companies (Second Amendment) Act, 2002

State: Central

Year: 1956

.....one or more industrial undertakings; (19AB) "industrial undertaking" means any undertaking, pertaining to any industry carried on in one or more factories or units by any company, as defined in clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951 (65 of 1951) but does not include a small-scale industrial undertaking as defined in clause (j) of that section;'; (c) after clause (29), the following clause shall be inserted, namely:-- '(29A) "net worth" means the sum total of the paid-up capital and free reserves after deducting the provisions or expenses as may be prescribed. Explanation.--for the purposes of this clause, "free reserves" means all reserves created out of the profits and share premium account but does not include reserves created out of revaluation of assets, write back of depreciation provisions and amalgamation;'; (d) after clause (31A), the following clause shall be inserted, namely:-- '(31AA) "operating agency" means any group of experts consisting of persons having special knowledge of business or industry in which the sick industrial company is engaged and includes public financial institution, State level institution,.....

Companies Act, 1956 Chapter 6

Title: Prevention of Oppression and Mismanagement

State: Central

Year: 1956

.....oppressive to any member or members; and (b) that to wind up the company would unfairly prejudice such member or members, but that otherwise the facts would justify the making of a winding-up order on the ground that it was just and equitable that the company should be wound up , the1[Tribunal] may, with a view to bringing to an end the matters complained of, make such order as it thinks fit. ________________________ 1. Substituted by Act 31 of 19 65 , Section 67, for "Court" (w.e.f. 31-5-1991) and again Substituted by Act 11 of 2003, Section 44 for "Company Law Board". . 2.Substituted by Act 53 of 1963, Section 10, for "are being conducted" (w.e.f. 1-1-1964). Section 398 - Application to Tribunal for relief in cases of mismanagement 398. Application to1 [Tribunal] for relief in eases of mismanagement. - (1) Any members of a company who complain - (a) that the affairs of the company2[are being conducted in a manner prejudicial to public interest or] in a manner prejudicial to the interests of the company; or (b) that a material change not being a change brought about by, or in the interests of, any creditors including debenture holders, or any class of.....

Government of India Act, 1915-19 [Repealed] Repealing Act 1

Title: Government of India Act, 1935

State: Central

Year: 1915

.....inconsistent with the scheme of Federation embodied in this Act: Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument. (5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto, may, without affecting the accession of the State, be amended by or by authority of Parliament, but not such amendment shall, unless it is accepted by the Ruler in a supplementary Instrument, be construed as extending the func­tions which by virtue of the Instrument are exercisable by His Majesty or any Federal Authority in relation to the State. (6) An Instrument of Accession or supplementary Instrument shall not be valid unless it is executed by the Ruler himself, but, subject as afore­said, references in this Act to the .Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by.....

Companies Act, 1956 Annexe 1

Title: Annexe

State: Central

Year: 1956

.....either his consent tothe alteration has been obtained or his debt or claim has been discharged or hasdetermined, or has been secured to the satisfaction of the Company Law Board: Providedthat the Company Law Board in the case of any person or class of persons, forspecial reasons, dispense with the notice required by clause (a), (4)The Company Law Board shall cause notice of the petition for confirmation of thealteration to be served on the Registrar who shall also be given a reasonableopportunity to appear before the Company Law Board and state his objections andsuggestions, if any, with respect to the confirmation of the alteration. (5)The Company Law Board may make an order confirming of the alteration on suchterms and conditions, if any, as it thinks fit and may make such order as tocosts as it thinks proper. (6)The Company Law Board shall, in exercising its powers under this section, haveregard to the rights and interests of the members of the company and of everyclass of them, as well as to the rights and interests of the creditors of thecompany and of every class of them. (7)The Company Law Board may, if it thinks fit, adjourn the proceedings in orderthat an.....

Bihar Reorganisation Act, 2000 Complete Act

State: Central

Year: 2000

.....to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of Part II of this Act, outside the State in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the Central Government may give such directions as it deems proper to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement. SECTION 64: PROVISIONS AS TO BIHAR STATE FINANCIAL CORPORATION (1)The Bihar State Financial Corporation established under the State Financial Corporation Act, 1951 (63 of 1951) shall, on and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government. (2) Any directions issued by the Central Government under sub-section (1) in respect of the Corporation may.....

Delhi Cooperative Societies Act, 1972 Complete Act

State: Delhi

Year: 1972

.....to receive, on the issue of the order of amalgamation, division or reorganisation, his share or interest, if he be a member and the amount in satisfaction of his dues, if he be a creditor (5) On the issue of an order under sub-section (1), the provisions of subsections (2) , (3) and (4) of Section 19 shall apply to the co-operative societies so amalgamated, divided or re-organised as if the amalgamation, division or reorganisation had been made under Section 15 Section17 Registrar to prepare scheme of amalgamation of co-operative bank in certain cases When an order of moratorium has been made by the Central Government under sub-section (2) of Section 45 of the Banking Regulation Act, 1949, in respect of a co-operative bank, the Registrar with the previous approval of the Reserve Bank in writing, may, during the period of moratorium, prepare a scheme (a) for the reorganisation of the Co-operative Bank; or (b) for the amalgamation of the co-operative bank with any other cooperative bank Section18 Liability of a co-operative bank to the Deposit Insurance Corporation Notwithstanding anything contained in Sections 15 and 16 or any other provision of this Act, where a.....