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Start Free TrialRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Part II
Title: Rectification of the Register of Members of the Old Company
State: Central
Year: 1972
.....to the provisions of sub-section (1), every person who had acquired a document, purporting to be a share, bona fide for value without notice of the fact that it did not represent any contribution to the capital of the old company, shall be entitled to claim reimbursement from the person from whom such document was acquired by him, and, the period of limitation for any action for such reimbursement shall be deemed, to commence on the date on which the document held by him as a share stands cancelled under section 15. Section 17 - Power of Tribunal to entertain and dispose of claims for reimbursement (1) The Tribunal shall have jurisdiction to entertain and dispose of any claim for reimbursement referred to in sub-section (2) of section 16. (2) Every such claim shall be made before the Tribunal within thirty days from the date on which the document purporting to be a share stands cancelled under section 15. Section 18 - Suits and legal proceedings, not to be commenced or proceeded with (1) On and from the date on which the Tribunal is constituted, no suit or other legal proceeding shall be commenced, or if pending at the date of such constitution, shall be proceeded.....
View Complete Act List Judgments citing this sectionRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Chapter III
Title: Duty of Custodian to Reconstruct Register of Members of the Old Company
State: Central
Year: 1972
.....Custodian or the new company for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. Section 28 - Contracts etc. in bad faith may be cancelled or varied (1) If the Central Government is satisfied, after such inquiry as it thinks fit, that any contract or agreement entered into at any time within twelve months immediately preceding the appointed day, between the old company and any other person has been entered into in bad faith and is detrimental to the interest of the old company or of the flew company, it may make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) the contract or agreement and thereafter the contract or agreement shall have effect accordingly ; Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. (2) Any person aggrieved by an order made under sub-section (1) may make an application to the Tribunal for the variation or reversal of such order and thereupon the Tribunal may confirm, modify or reverse such.....
View Complete Act List Judgments citing this sectionRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Chapter IV
Title: Management of the Old Company
State: Central
Year: 1972
..... Section 11 - Custodian to be public servant The Custodian shall be a public servant within the meaning of section 21 of the Indian Penal Code. Section 12 - Vacation of office by directors, etc., of the old company (1) On the appointment of a Custodian, every person holding office; immediately before such appointment, as director or manager of the old company shall, notwithstanding anything contained in any other law for the time being in force or in any decree or order of any Court or Triburial, Vacate such office. (2) The Custodian shall receive the sum referred to in section 8 and shall deal with the said sum for meeting any liability which is incurred by the old company after the appointed day and the balance, if any, left after meeting the said liability, in accordance with the wishes of the members of the old company, expressed in a general meeting convened by the Custodian, and the provisions of the Companies Act, 1956, shall, so far as may be, apply to such meeting. (3) The Custodian may, if the members of the old company so desire, distribute the balance referred to in sub-section (2) amongst such members in accordance with their rights and interests.....
View Complete Act List Judgments citing this sectionRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Section 7
Title: Transfer of Employees of the Old Company
State: Central
Year: 1972
.....not becoming an officer or other employee of the Central Government or the new company, as the case may be. (2) For the persons, who, immediately before the appointed day, were the trustees for any pension, provident fund, gratuity or other like fund constituted for the officers or other employees of the old company, there shall be substituted as trustees such persons as the Central Government or the new company may, by general Or special order, specify. (3) Notwithstanding anything contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of the services of any officer or other employee from the old company to the Central Government or the new company shall nut entitle such officer or other employee to any compensation under that Act or other law and no such claim shall be entertained by any Court. Tribunal or other authority.
View Complete Act List Judgments citing this sectionRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Section 20
Title: Custodian to Reconstruct Register of Members of the Old Company
State: Central
Year: 1972
(1) The Custodian shall reconstruct the register of members of the old company and shall include therein the names of the holders of the shares which have been declared by the Tribunal as representing, in reality, a contribution to the capital of the old company and strike off from the register of members of the old company the names of the holders of the documents purporting to be shares which stand, by reason of the determination made by the Tribunal under section 15, cancelled. (2) On and from the date of reconstruction of the register of members of the old Company,-- (a) the register, as so reconstructed, shall be denied to be the register of members of the old company, and (b) all registers of members maintained by the old company, immediately before the said date, shall stand cancelled.
View Complete Act List Judgments citing this sectionRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Section 12
Title: Vacation of Office by Directors, Etc., of the Old Company
State: Central
Year: 1972
(1) On the appointment of a Custodian, every person holding office; immediately before such appointment, as director or manager of the old company shall, notwithstanding anything contained in any other law for the time being in force or in any decree or order of any Court or Triburial, Vacate such office. (2) The Custodian shall receive the sum referred to in section 8 and shall deal with the said sum for meeting any liability which is incurred by the old company after the appointed day and the balance, if any, left after meeting the said liability, in accordance with the wishes of the members of the old company, expressed in a general meeting convened by the Custodian, and the provisions of the Companies Act, 1956, shall, so far as may be, apply to such meeting. (3) The Custodian may, if the members of the old company so desire, distribute the balance referred to in sub-section (2) amongst such members in accordance with their rights and interests and thereafter apply to the Court for the winding up of the old company by the Court.
View Complete Act List Judgments citing this sectionRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Section 10
Title: Management of the Old Company
State: Central
Year: 1972
(1) The affairs of the old company shall be managed by a Custodian to he appointed by the Central Government in this behalf : Provided that he Central Government may, if the Custodian declines to become, or to continue to function as, the Custodian or if it is of opinion that it is necessary in the interests of the old company so to do, appoint any other person as the Custodian of the old company. (2) The Custodian appointed under sub-section (1) shall receive from the funds of the old company, such emoluments as the Central Government may specify in this behalf. (3) The Custodian shall hold office during the pleasure of the Central Government.
View Complete Act List Judgments citing this sectionRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Section 22
Title: No Annual General Meeting of the Old Company to Be Held Before the Reconstruction of the Register of Members
State: Central
Year: 1972
(1) Nothwithstanding anything contained in the Companies Act, 1956, or any other law for the time being in force, no annual or other general meeting of the old company shall be held until the reconstruction of the register of members of the old company has been completed in accordance with the provisions of this Act. (2) No resolution purported to have been passed at any meeting of the members of the old company shall, until the reconstruction of its register of members, have effect.
View Complete Act List Judgments citing this sectionChemical Weapons Convention Act, 2000 Section 14
Title: Knowledge About Old or Abandoned Chemical Weapons to Be Informed to National Authority
State: Central
Year: 2000
Any person having knowledge about the possession or location of Old Chemical Weapons or Abandoned Chemical Weapons shall inform the National Authority of such possession and the precise location of such Old Chemical Weapons or Abandoned Chemical Weapons within seven days from the commencement of this Act: Provided that where the knowledge about the possession or location of Old Chemical Weapons or Abandoned Chemical Weapons is obtained after the commencement of this Act, an information about knowledge of such possession or location shall be given to the National Authority within seven days from the occurrence of such knowledge.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 90A
Title: Presumption as to Electronic Records Five Years Old
State: Central
Year: 1872
1[90A. Presumption as to electronic records five years old Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the 2[Electronic signature] which purports to be the digital signature of any particular person was so affixed by him or any person authorised by him in this behalf. Explanation.-Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable. This Explanation applies also to section 81A.] ________________________ 1. Inserted by Act 21 of 2000, section 92 and Schedule II (w.e.f. 17-10-2000). 2. Substituted vide IT Amendment Act, 2008 prior text was "digital signature"
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