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Home Bare Acts Phrase: section 167Companies (Second Amendment) Act, 2002 Section 22
Title: Substitution of New Section for Section 167
State: Central
Year: 2002
.....to call annual general meeting.--(1) If default is made in holding an annual general meeting in accordance with section 166, the Central Government may, notwithstanding anything contained in this Act or in the articles of the company, on the application of any member of the company, call, or direct the calling of, a general meeting of the company and give such ancillary or consequential directions as the Central Government thinks expedient in relation to the calling, holding and conducting of the meeting. Explanation.--The directions that may be given under this sub-section may include a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting. (2) A general meeting held in pursuance of sub-section (1) shall, subject to any directions of the Central Government, be deemed to be an annual general meeting of the company: Provided that in the case of revival and rehabilitation of sick industrial companies r under Chapter VIA, the provisions of this section shall have effect as if for the words "Central Government", the word "Tribunal" had been substituted.".
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act 2008 Section 14
Title: Amendment of Section 167
State: Central
Year: 2008
In section 167 of the principal Act, in sub-section (2),-- (a) in the proviso,-- (i) for clause (b), the following clause shall be substituted, namely:-- "(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;"; (ii) for Explanation II, the following Explanation shall be substituted, namely:-- "Explanation II.-- If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be."; (b) after the proviso, the following proviso shall be inserted, namely:-- "Provided further that in case of a woman under eighteen.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 167
Title: Procedure when Investigation Cannot Be Completed in Twenty-four Hours
State: Central
Year: 1973
.....the order, with his reasons for making it, to the Executive Magistrate to whom he is immediately subordinate." 5 Gujarat: In the proviso to sub-Section (2) of section 167,- (i) for paragraph (a), the following paragraph shall be substituted, namely:- "(a) the Magistrate may authorise detention of the accused person otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding- (i) one hundred and twenty days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, (ii) sixty days, where the investigation relates to any offence; and on the expiry of the said period of one hundred and twenty days, or sixty days, as the ease may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 167
Title: Power of Central Government to Call Annual General Meeting
State: Central
Year: 1956
.....made in holding an annual general me eting in accordance with section 166 , the Central Government may, notwithstanding anything contained in this Act or in the articles of the company, on the application of any me mber of the company, call, or direct the calling of, a general me eting of the company and give such ancillary or consequential directions as the Central Government thinks expedient in relation to the calling, holding and conducting of the me eting. Explanation . -The directions that may be given under this sub -section may include a direction that one me mber of the company present in person or by proxy sh all be deemed to constitute a me eting. ( 2 ) A general me eting held in pursuance of sub -section ( 7 ) sh all, sub ject to any directions of the Central Government, be deemed to be an annual general me eting of the company: Provided that in the case of revival and rehabilitation of sick industrial companies under Chapter VIA, the provisions of this section sh all have effect as if for the words "Central Government", the word "Tribunal" had been sub stituted.] ______________________ 1. Substituted by Act 11 of 2003, Section 22, for section 167 (See.....
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances (Amdndment) Act, 2001 Section 15
Title: Substitution of News Section 36a
State: Central
Year: 2001
.....to an accused person in such case who has been forwarded to him under mat section; (d) a Special Court may, upon perusal of police report of the facts constituting an offence under this Act or upon complaint made by an officer of the Central Government or a State Government authorised in his behalf, take cognizance of that offence without the accused being committed to it for trial. (2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973,(2 of 1974) be charged at the same trial. (3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973, (2 of 1974) and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section included also a reference to a "Special Court" constituted under section 36. (4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving.....
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 167
Title: Disqualification for Members
State: Karnataka
Year: 1993
.....against him under section 117 of the Code Of Criminal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of that code, such order not having been subsequently reversed or quashed ; or (d) if he has been dismissed from service under any local authority; or (e) if having been a legal or medical practitioner or a chartered accountant has been disenrolled or suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or (f) if he has been removed from membership of any local authority; or (g) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the State Government or the Government of any other State, other than such office as are declared by rules made under this Act not to disqualify the holder; or Explanation.--For the purpose of this clause a person shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or Grama Panchayat by reason only that he is an Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat. (h) if save as.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 168
Title: Penalty for Default in Complying with Section 166 or 167
State: Central
Year: 1956
If default is made in holding a meeting of the company in accordance with section 166, or in complying with any directions of the1[Tribunal or the Central Government as the case may be,] under sub-section (1) of section 167, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to2[fifty thousand rupees]3[and in the case of a continuing default, with a further fine which may extend to4[two thousand five hundred rupees] for every day after the first during which such default continues]. ______________________ 1. Substituted by Act 11 of 2003, Section 23, for "Central Government". 2. Substituted by Act 53 of 2000, Section 73, for "five thousand rupees" (w.e.f. 13-12-2000). 3. Inserted by Act 65 of 1960, Section 44 (w.e.f. 28-12-1960). 4.Substituted by Act 53 of 2000, Section 73, for "two hundred and fifty rupees" (w.e.f. 13-12-2000).
View Complete Act List Judgments citing this sectionAnti-hijacking (Amendment) Act, 1994 Section 3
Title: Insertion of New Sections 6a, 6b and 6c
State: Central
Year: 1994
.....code of criminal Procedure, 1973 (2 of 1974).-- (a) all offences under this act shall be tribally only by the Designated Court specified under Sub-section (1) of section 6A. (b) where a person accused of or suspected of the commission of an offence due this act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an executive Magistrate: Provided that where such Magistrate considers,- (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him. That the detention of such person is unnecessary, he shall order such person to be forwarded to the Designated court having jurisdiction; (c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise.....
View Complete Act List Judgments citing this sectionEssential Commodities (Special Provisions) Act, 1981 Section 11
Title: Substitution of New Sections for Section 12a
State: Central
Year: 1981
.....just and proper so to do for any other special reason to be recorded in writing; (e) a Special Court may, upon a perusal of police report of the facts constituting an offence under this Act take cognizance of that offence without the accused being committed to it for trial; (f) all offences under this Act shall be tried in a summary way and the provisions of sections 262 to 265 (both inclusive) of the Code shall, as far as may be, apply to such trial : Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Special Court to pass a sentence of imprisonment for a term not exceeding two years. (2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act, with which the accused may, under the Code, be charged at the same trial: Provided that such other offence is, under any other law for the time being in force, triable in a summary way: Provided further that in the case of any conviction for such other offence in such trial, it shall not be lawful for the Special Court to pass a sentence of imprisonment for a term exceeding the term provided for conviction.....
View Complete Act List Judgments citing this sectionFinance Act, 1981 Section 16
Title: Insertion of New Section 167a
State: Central
Year: 1981
.....such association are indeterminate or unknown, the income-tax payable by the association shall be the aggregate of - (i) the amount of income-tax calculated on the aforesaid part of the total income, at the maximum marginal rate; and (ii) the amount of income-tax with which it would have been chargeable had the remaining part of the total income been its total income. Explanation : For the purposes of the section, - (a) "maximum marginal rate" shall have the meaning assigned to it in Explanation 2 below sub-section (3) of section 164; (b) the individual shares of the members of an association of persons in the income of such association shall be deemed to be indeterminate or unknown if such shares are indeterminate or unknown on the date of formation of such association or at any time thereafter.'.
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