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Home Bare Acts Phrase: needlessCompanies Act, 1956 Part 6
Title: Management and Administration
State: Central
Year: 1956
.....filed with the Registrar along with the return a certificate signed by 3 [the signatories] of the return, stating- (a) that the return states the facts as they stood on the day of the annual general meeting aforesaid, correctly and completely; 4 [***] 5 [(aa) that since the date of the last annual return the transfer of all shares and debentures and the issue of all further certificates of shares and debentures have been appropriately recorded in the books maintained for the purpose; and] (b) in the case of a private company also, (i) that the company has not, since the date of the annual general meeting with reference to which the last return was submitted, or in the case of a first return, since the date of the incorporation of the company, issued any invitation to the public to subscribe for any shares or debentures of the company, and (ii) that, where the annual return discloses the fact that the number of members of the company exceeds fifty, the excess consists wholly of persons who under sub-clause (b) of clause (iii) of sub-section (1) of section 3 are not to be included in reckoning the number of fifty. ____________________ 1. The words "managing agent,.....
View Complete Act List Judgments citing this sectionCompanies 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.....
List Judgments citing this sectionCompanies Act, 1956 Chapter 1
Title: General Provisions
State: Central
Year: 1956
.....filed with the Registrar along with the return a certificate signed by 3 [the signatories] of the return, stating- (a) that the return states the facts as they stood on the day of the annual general meeting aforesaid, correctly and completely; 4 [***] 5 [(aa) that since the date of the last annual return the transfer of all shares and debentures and the issue of all further certificates of shares and debentures have been appropriately recorded in the books maintained for the purpose; and] (b) in the case of a private company also, (i) that the company has not, since the date of the annual general meeting with reference to which the last return was submitted, or in the case of a first return, since the date of the incorporation of the company, issued any invitation to the public to subscribe for any shares or debentures of the company, and (ii) that, where the annual return discloses the fact that the number of members of the company exceeds fifty, the excess consists wholly of persons who under sub-clause (b) of clause (iii) of sub-section (1) of section 3 are not to be included in reckoning the number of fifty. ____________________ 1. The words "managing agent,.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Complete Act
State: Central
Year: 1988
.....of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 2 [7500] kilograms; 3 [(2lA) "manufacturer" means a person who is engaged in the manufacture of motor vehicles;] (22) "maxicab" means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle: (24) "medium passenger motor vehicle" means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle; (25) "motorcab" means any molor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) "motor car" means any molor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage; (27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) "motor vehicle" or.....
List Judgments citing this sectionRailways Act, 1989 Chapter 15
Title: Penalties and Offences
State: Central
Year: 1989
.....authorized to ascertain commission of offences 1[180A. Inquiry by officer authorized to ascertain commission of offences For ascertaining facts and circumstances of a case, the officer authorised may make an inquiry into the commission of an offence mentioned in sub-section (2) of section 179 and may file a complaint in the competent court if the offence is found to have been committed. ________________________ 1. Inserted Sections 180A to 180G by the Railways (Second Amendment) Act, 2003. Section 180A - Inquiry by officer authorized to ascertain commission of offences 1[180A. Inquiry by officer authorized to ascertain commission of offences For ascertaining facts and circumstances of a case, the officer authorised may make an inquiry into the commission of an offence mentioned in sub-section (2) of section 179 and may file a complaint in the competent court if the offence is found to have been committed. ________________________ 1. Inserted Sections 180A to 180G by the Railways (Second Amendment) Act, 2003. Section 180B - Power of officer authorized to inquire 1[Section 180B - Power of officer authorized to inquire While making an inquiry, the.....
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 141
Title: Needlessly Interfering with Means of Communication in a Train
State: Central
Year: 1989
If any passenger or any other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passengers and the railway servant in charge of the train, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a passenger, without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not be less than-- (a) a fine of five hundred rupees, in the case of conviction for the first offence; and (b) imprisonment for three months in case of conviction for the second or subsequent offence.
View Complete Act List Judgments citing this sectionCOMPANIES ACT, 1956 Section 188
Title: Circulation of members' resolutions
State: Central
Year: 1956
.....which may be dealt with at an annual general meeting shall include any resolution of which notice is given in accordance with this section, and for the purposes of this sub-section, notice shall be deemed to have been so given, notwithstanding the accidental omission, in giving it, of one or more members. (8) If default is made in complying with the provisions of this section, every officer of the company who is in default, shall be punishable with fine which may extend to2[fifty thousand rupees]. ______________________ 1. Substituted by Act 31 of 1988, Section 67, for "Court" (w.e.f. 31-5-1991) and again substituted by Act 11 of 2003, section 25, for "Company Law Board". 2 . Substituted by Act 53 of 2000, Section 78, for "five thousand rupees". (w.e.f. 13-12-2000).
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 225
Title: Provisions as to Resolutions for Appointing or Removing Auditors
State: Central
Year: 1956
.....to be aggrieved, the1[Central Government] is satisfied that the rights conferred by this sub-section are being abused to secure needless publicity for defamatory matter; and the1[Central Government] may order the company's costs on such an application to be paid it in whole or in art by the auditor, notwithstanding that he is not a party to the application. (4) Sub-sections (2) and (3) shall apply to a resolution to remove the first auditors or any of them under sub-section (5) of section 224 or to the removal of any auditor or auditors under sub-section (7) of that section, as they apply in relation to a resolution that a retiring auditor shall not be re-appointed. ___________________ 1 . Substituted b y Act 31 of 1988, Section 67, for "Court" (w.e.f. 31-5-1991) and again substituted by Act 11 of 2003, section 27, for "Company Law Board".
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Chapter 2
Title: Directors
State: Central
Year: 1956
.....the representations are received by it too late for it to do so, - (a) in any notice of the resolution given to me mbers of the company state the fact of the representations having been made; and (b) send a copy of the representations to every me mber of the company to whom notice of the me eting is sent (whether before or after receipt of the representations by the company); and if a copy of the representations is not sent as aforesaid because they were received too late or because of the company's default, the director may (without prejudice to hi s right to be heard orally) require that the representations shall be read out at the me eting: Provided that copies of the representations need not be sent out and the representations need not be read out at the me eting if, on the application either of the company or of any other person who claims to be aggrieved, the1[Central Government] is satisfied that the rights conferred by this sub-section are being abused to secure needless publicity for defamatory mailer; and the1[Central Government] may order the company's costs on the application to be paid in whole or in part by the director notwithstanding that he is not a.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 284
Title: Removal of Directors
State: Central
Year: 1956
.....the representations are received by it too late for it to do so, - (a) in any notice of the resolution given to me mbers of the company state the fact of the representations having been made; and (b) send a copy of the representations to every me mber of the company to whom notice of the me eting is sent (whether before or after receipt of the representations by the company); and if a copy of the representations is not sent as aforesaid because they were received too late or because of the company's default, the director may (without prejudice to hi s right to be heard orally) require that the representations shall be read out at the me eting: Provided that copies of the representations need not be sent out and the representations need not be read out at the me eting if, on the application either of the company or of any other person who claims to be aggrieved, the1[Central Government] is satisfied that the rights conferred by this sub-section are being abused to secure needless publicity for defamatory mailer; and the1[Central Government] may order the company's costs on the application to be paid in whole or in part by the director notwithstanding that he is not a.....
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