Bare Act Search Results

Companies Act, 1956 Chapter 6

Title: Prevention of Oppression and Mismanagement

State: Central

Year: 1956

.....1963, Section 11, for "are being conducted" (w.e.f. 1-1-1964). 3 . The words "or of its managing agent or secretaries and treasurers," omitted by Act 53 of 2000, Section 178 (w.e.f. 13-12-2000). 4 . Inserted by Act 65 of 1960, Section 153 (w.e.f. 28-12-1960). 5 . Certain words omitted by Act 53 of 2000, Section 178 (w.e.f. 13-12-2000). 6 . Substituted by Act 53 of 1963, Section 11, for "will be conducted" (w.e.f. 1-1-1964). Section 399 - Right to apply under sections 397 and 398 (1) The following members of a company shall have the right to apply under section 397 or 398:- (a) in the case of a company having a share capital, not less than one hundred members of the company or not less than one-tenth of the total number of its members, whichever is less or any members or members holding not less than one-tenth of the issued share capital of the company, provided that the applicant or applicants have paid all calls and other sums due on their shares; (b) in the case of a company not having a share capital, not less than one-fifth of the total number of its members. (2) For the purposes of sub-section (1), where any share or shares are held by two or more persons.....

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

.....as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2 of the Securities Contracts (Regulation) Act, 1956) (42 of 1956);] (13) "director" includes any person occupying the position of director, by whatever name called; (14) "District Court" means the principal Civil Court of original jurisdiction in a district, but does not include a High Court in the exercise of its ordinary original civil jurisdiction ; [(14A) "dividend" includes any interim dividend;] (15) "document" includes summons, notice, requisition, order, other legal process, and registers, whether issued, sent or kept in pursuance of this or any other Act or otherwise ; [(15A) "employees stock option" means the option given to the whole-time directors, officers or employees of a company, which gives such directors, officers or employees the benefit or right to purchase or subscribe at a future date, the securities offered by the company at a pre-determined price;] (16) "existing company" means an existing company as defined in (section 3); (17) "financial year" means, in relation to any body corporate, the period in respect of which.....

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

Title: Government of India Act, 1915-1919

State: Central

Year: 1858

GOVERNMENT OF INDIA ACT, 1915-191 Preamble2 An Act to consolidate enactments relating to the government of India. whereas it is the declared policy of Parliament to provide for the increasing association of Indians in every branch of Indian administration, and for the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of the empire: AND WHEREAS progress in giving effect to this policy can only be achieved by successive stages, and it is expedient that substantial steps in this direction should now be taken: AND WHEREAS the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples: AND WHEREAS the action of Parliament in such matters must be guided by the co-operation received from those on whom new opportunities of service will be conferred, and by the extent to which it is found that confidence con be reposed in their sense of responsibility: AND WHEREAS concurrently with the gradual development of self-governing institutions in the provinces of India it is.....

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

Title: Government of India Act, 1915-1919

State: Central

Year: 1800

GOVERNMENT OF INDIA ACT, 1915-191 Preamble2 An Act to consolidate enactments relating to the government of India. whereas it is the declared policy of Parliament to provide for the increasing association of Indians in every branch of Indian administration, and for the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of the empire: AND WHEREAS progress in giving effect to this policy can only be achieved by successive stages, and it is expedient that substantial steps in this direction should now be taken: AND WHEREAS the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples: AND WHEREAS the action of Parliament in such matters must be guided by the co-operation received from those on whom new opportunities of service will be conferred, and by the extent to which it is found that confidence con be reposed in their sense of responsibility: AND WHEREAS concurrently with the gradual development of self-governing institutions in the provinces of India it is.....

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

Title: Government of India Act, 1915-1919

State: Central

Year: 1854

GOVERNMENT OF INDIA ACT, 1915-191 Preamble2 An Act to consolidate enactments relating to the government of India. whereas it is the declared policy of Parliament to provide for the increasing association of Indians in every branch of Indian administration, and for the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of the empire: AND WHEREAS progress in giving effect to this policy can only be achieved by successive stages, and it is expedient that substantial steps in this direction should now be taken: AND WHEREAS the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples: AND WHEREAS the action of Parliament in such matters must be guided by the co-operation received from those on whom new opportunities of service will be conferred, and by the extent to which it is found that confidence con be reposed in their sense of responsibility: AND WHEREAS concurrently with the gradual development of self-governing institutions in the provinces of India it is.....