Bare Act Search Results

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.....

Companies Act, 1956 Section 397

Title: Application to Tribunal for Relief in Cases of Oppression

State: Central

Year: 1956

.....such members have a right so to apply in virtue of section 399. (2) If, on any application under sub-section (1), the court is of opinion - (a) that the company's affairs2[are being conducted in a manner prejudicial to public interest or] in a manner 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).

Companies Act, 1956 Section 408

Title: Powers Ofgovernment to Prevent Oppression or Mismanagement

State: Central

Year: 1956

.....provisions of this Act in this behalf have been complied with without requiring any further act or thing to be done]. (7) The Central Government may require the persons appointed as directors or additional directors in pursuance of sub-section (1) or sub-section (2) to report to the Central Government from time to time with regard to the affairs of the company.] ________________________ 1. Substituted by Act 31 of 1988, Section 54, for sub-sections (1) and (2) (w.e.f. 15-6-1988). 2. Substituted by Act 11 of 2003, Section 44 for "Company Law Board". 3. Inserted by Act 65 of 1960, Section 155 (w.e.f. 28-12-1960). 4. Substituted by Act 31 of 1988, Section 54, for "Central Government" (w.e.f. 15-6-1988) and again Substituted by Act 11 of 2003, Section 44 for "Company Law Board". 5. Inserted by Act 41 of 1974, Section 31 (w.e.f. 1-2-1975). 6. Added by Act 31 of 1988, Section 54 (w.e.f. 15-6-1988).

Government of India Act, 1915-19 [Repealed] Section 124

Title: Certain Acts to Be Misdemeanours: Oppression--wilful Disobediencebreach of Duty--trading--receiving Presents

State: Central

Year: 1915

.....or engaged in any trade or business, he may, during the term of his office with the sanction in writing of the Governor-General, or, in the case of ministers, of the governor of the province, and in any case subject to such general conditions and restrictions as the Governor-General in Council may prescribe, retain his concern or interest in that trade or business, but shall not, during that term, take part in the direction or management or that trade of business.] ________________________ 1. These words were inserted by Part II of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 101.) 2. This proviso was inserted by Part. I of bart II Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 101.)

Companies Act, 2013, Chapter XVI

Title: Prevention of Oppression and Mismanagement

State: Central

Year: 2013

Chapter XVI PREVENTION OF OPPRESSION AND MISMANAGEMENT

Companies Act, 2013, Section 241

Title: Application to Tribunal for Relief in Cases of Oppression, Etc.

State: Central

Year: 2013

.....of the company, has taken place in the management or control of the company, whether by an alteration in the Board of Directors, or manager, or in the ownership of the company's shares, or if it has no share capital, in its membership, or in any other manner whatsoever, and that by reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to its interests or its members or any class of members, may apply to the Tribunal, provided such member has a right to apply under section 244, for an order under this Chapter. (2) The Central Government, if it is of the opinion that the affairs of the company are being conducted in a manner prejudicial to public interest, it may itself apply to the Tribunal for an order under this Chapter.

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.....

Government of India Act, 1858 [Repealed] Repealing Act 1

Title: Government of India Act, 1915-1919

State: Central

Year: 1858

.....for commencing hostilities When any order is sent to Indiadirecting the actual commencement of hostilities byHis Majesty's forces inIndia, the fact of the order having been sentshall, unless the order has in themeantime been revoked or suspended, be communicated to both Houses ofParliament within three months after the sending of theorder or, if Parliament is not sitting at the expiration of those threemonths, then within one month after the next meetingof Parliament. 16. [Omitted] [Correspondence by Governor-General with Secretary of State.] Omitted by Part III of Schedule. II of 9 & 10 Geo, 5, Chapter. 101. 17 to 18. Establishment of Secretary of State 17. Establishment of Secretary of State (1) No addition may bemade to establishment of the Secretary of State in Council, nor to the salariesof the persons on that establishment, except by anOrder of HisMajesty in Council, to be laid before both Houses of Par1iamentwithin fourteen days after the making thereof, or, if Parliament is not thensitting, then within fourteen days after the next meetingof Parliament. (2) The rules made byHis Majesty for examinations,certificates, pro bation or other tests.....

Government of India Act, 1800 [Repealed] Repealing Act 1

Title: Government of India Act, 1915-1919

State: Central

Year: 1800

.....for commencing hostilities When any order is sent to Indiadirecting the actual commencement of hostilities byHis Majesty's forces inIndia, the fact of the order having been sentshall, unless the order has in themeantime been revoked or suspended, be communicated to both Houses ofParliament within three months after the sending of theorder or, if Parliament is not sitting at the expiration of those threemonths, then within one month after the next meetingof Parliament. 16. [Omitted] [Correspondence by Governor-General with Secretary of State.] Omitted by Part III of Schedule. II of 9 & 10 Geo, 5, Chapter. 101. 17 to 18. Establishment of Secretary of State 17. Establishment of Secretary of State (1) No addition may bemade to establishment of the Secretary of State in Council, nor to the salariesof the persons on that establishment, except by anOrder of HisMajesty in Council, to be laid before both Houses of Par1iamentwithin fourteen days after the making thereof, or, if Parliament is not thensitting, then within fourteen days after the next meetingof Parliament. (2) The rules made byHis Majesty for examinations,certificates, pro bation or other tests.....

Government of India Act, 1854 [Repealed] Repealing Act 1

Title: Government of India Act, 1915-1919

State: Central

Year: 1854

.....for commencing hostilities When any order is sent to Indiadirecting the actual commencement of hostilities byHis Majesty's forces inIndia, the fact of the order having been sentshall, unless the order has in themeantime been revoked or suspended, be communicated to both Houses ofParliament within three months after the sending of theorder or, if Parliament is not sitting at the expiration of those threemonths, then within one month after the next meetingof Parliament. 16. [Omitted] [Correspondence by Governor-General with Secretary of State.] Omitted by Part III of Schedule. II of 9 & 10 Geo, 5, Chapter. 101. 17 to 18. Establishment of Secretary of State 17. Establishment of Secretary of State (1) No addition may bemade to establishment of the Secretary of State in Council, nor to the salariesof the persons on that establishment, except by anOrder of HisMajesty in Council, to be laid before both Houses of Par1iamentwithin fourteen days after the making thereof, or, if Parliament is not thensitting, then within fourteen days after the next meetingof Parliament. (2) The rules made byHis Majesty for examinations,certificates, pro bation or other tests.....