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Home Bare Acts Phrase: section 398Companies Act, 1956 Section 402
Title: Powers of Tribunal on Application Under Section 397 or 398
State: Central
Year: 1956
.....the consent of me party concerned; (f) the setting aside of any transfer, delivery of goods, payment, execution or other act relating to property made or done by or against the company within three months before the date of the application under section 397 or 398, which would, if made or done by or against an individual, be deemed in his insolvency to be a fraudulent preference; (g) any other matter for which in the opinion of the1[Tribunal] it is just and equitable that provision should be made. ________________________ 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 44 for "Company Law Board". 2.Sub-clauses (iii) and (iv) omitted by Act 53 of 2000, Section 179 (w.e.f. 13-12-2000).
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 399
Title: Right to Applyunder Sections 397 and 398
State: Central
Year: 1956
.....the1[Tribunal] under section 397 or 398, notwithstanding that the requirements of clause (a) or clause (b), as the case may be, of sub-section (1) are not fulfilled. (5) The Central Government may, before authorising any member or members as aforesaid, require such member or members to give security for such amount as the Central Government may deem reasonable, for the payment of any costs which the1[Tribunal] dealing with the application may order such member or members to pay to any other person or persons who are parties to the application. ________________________ 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 44 for "Company Law Board". .
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 401
Title: Right of Central Government to Apply Under Sections 397 and 398
State: Central
Year: 1956
The Central Government may i t self apply to the1[Tribunal] for an order under section 397 or 398, or cause an application to be made to the1[Tribunal] for such an order by any person authorised by it in this behalf. ________________________ 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 44 for "Company Law Board".
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 406
Title: Application of Sections 539 to 544 Toproceedings Under Sections 397 and 398
State: Central
Year: 1956
In relation to an application under section 397 or 398, sections 539 to 544, both inclusive, shall apply in the form set forth in Schedule XI.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 400
Title: Notice to Be Given to Central Governmentof Applications Under Sections 397 and 398
State: Central
Year: 1956
The1[Tribunal] shall give notice of every application made to it under section 397 or 398 to the Central Government, and shall take into consideration the representation, if any, made to it by that Government before passing a final order under that section. ________________________ 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 44 for "Company Law Board". .
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 405
Title: Addition of Respondents to Application Under Section 397 or 398
State: Central
Year: 1956
If the managing director or any other director1[***] or the manager, of a company, or any other person, who has not been impleaded as a respondent to any application under section 397 or 398 applies to be added as a respondent thereto, the2[Tribunal] shall, if it is satisfied that there is sufficient cause for doing so, direct that he may be added as a respondent accordingly. ________________________ 1. The words "the managing agent, secretaries and treasurers," omitted by Act 53 of 2000, Section 181 (w.e.f.13-12-2000). 2 . 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 44 for "Company Law Board".
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 243
Title: Application for Winding Up of Company or an Order Under Section 397 or 398
State: Central
Year: 1956
If any such company or other body corporate,1[***] is liable to be wound up under this Act and it appears to the Central Government from any such report as aforesaid that it is expedient so to do by reason of any such circumstances as are referred to in sub-clause (i) or (ii) of clause (b) of section 237, the Central Government may, unless2[the company or body corporate,] is already being wound up by the3[Tribunal], cause to be presented to the3[Tribunal] by any person authorised by the Central Government in this behalf- (a) a petition for the winding up of2[the company or body corporate,] on the ground that it is just and equitable that it should be wound up; (b) an application for an order under section 397 or 398; (c) both a petition and an application as aforesaid. ___________________ 1 . Certain words omitted by Act 53 of 2000, Section 121 (w.e.f. 13-12-2000). 2 . Substituted by Act 53 of 2000, Section 121, for certain words (w.e.f. 13-12-2000). 3 . Substituted by Act 11 of 2003, Section 32, for "Court".
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 404
Title: Effect of Alteration of Memorandum Orarticles of Company by Order Under Section 397 or 398
State: Central
Year: 1956
.....copy of every order altering, or giving leave to alter, a company's memorandum or articles, shall within2[thirty] days after the making thereof, be filed by the company with the Registrar who shall register the same. (4) If default is made in complying with the provisions of sub-section (3), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to3[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 44 for "Company Law Board".2. Substituted by Act 31 of 1965, Section 62 and Schedule, for "fifteen" (w.e.f. 15-10-1965). 3 . Substituted by Act 53 of 2000, Section 180, for "Five thousand rupees" (w.e.f. 13-12-2000).
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 398
Title: Application to Tribunal for Relief in Cases of Mismanagement
State: Central
Year: 1956
.....or that by reason of any material change as aforesaid in the management or control of the company, it is likely that the affairs of the company will be conducted as aforesaid, the1[Tribunal] may, with a view to bringing to an end or preventing the matters complained of or apprehended, make such order as it thinks fit. ________________________ 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 44, for "Company Law Board". 2.Substituted by Act 53 of 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).
View Complete Act List Judgments citing this sectionExplosive Substances Act, 1908 Section 2
Title: Definitions: in This Act
State: Central
Year: 1908
.....in the Official Gazette, specify tor the purposes of this Act. _________________________ 1. Substituted by The Explosive Substance (Amendment) Act, 2001. Prior to substitution sections 2 to 5 read as under: "2. Definition of "explosive substance". --In this Act the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substances; also any part of any such apparatus, machine or implement. 3. Punishment for causing explosion likely to endanger life or property.--Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with transportation for life or any shorter term, to which fine may be added, or with imprisonment for a term which may extend to ten years, to which fine may be added. 4. Punishment for attempt to cause explosion, or for making or keeping.....
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