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Home Bare Acts Phrase: section 433Companies (Second Amendment) Act, 2002 Section 51
Title: Substitution of New Section of Section 433
State: Central
Year: 2002
For section 433 of the principal Act, the following section shall be substituted, namely:-- "433. Circumstances in which company may be wound up by Tribunal.-- A company may be wound up by the Tribunal, -- (a) if the company has, by special resolution, resolved that the company be wound up by the Tribunal; (b) if default is made in delivering the statutory report to the Registrar or in holding the statutory meeting; (c) if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year; (d) if the number of members is reduced, in the case of a public company, below seven, and in the case of a private company, below two; (e) if the company is unable to pay its debts; (f) if the Tribunal is of the opinion that it is just and equitable that the company should be wound up; (g) if the company has made a default in filing with the Registrar its balance sheet and profit and loss account or annual return for any five consecutive financial years; (h) if the company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public.....
View Complete Act List Judgments citing this sectionCompanies (Second Amendment) Act, 2002 Section 50
Title: Amendment of Heading and Sub-heading Before Section 433
State: Central
Year: 2002
In the heading and sub-heading before section 433 of the principal Act, for the word "Court", the word "Tribunal" shall be substituted.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 433
Title: Circumstances in Which Company May Be Wound Up by Tribunal
State: Central
Year: 1956
.....its balance sheet and profit and loss account or annual return for any five consecutive financial years; (h) if the company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality; (i) if the Tribunal is of the opinion that the company sh ould be wound up under the circumstances specified in section 424G: Provided that the Tribunal shall make an order for winding up of a company under clause (h) on application made by the Central Government or a State Government.] _____________________ 1. Substituted by Act 11 of 2003, Section 51, for Section 433.
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Section 36
Title: Officers Competent to Exercise Powers and Discharge Functions of Magistrate Under Certain Sections
State: Central
Year: 1987
In any area where a Commissioner of Police has been appointed all the powers and functions of the Magistrate under sections 23, 24, 25 and 28 may be exercised or discharged by the Commissioner of Police and all the functions of an officer in charge of a police station under this Act may be discharged by any police officer not below the rank of an Inspector.
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Section 84
Title: Penalty for Contravention of Sections 60 and 69
State: Central
Year: 1987
Any manager appointed under this Act to manage the property of a mentally ill person, who contravenes the provisions of section 60 or sub-section (2) of section 69, shall, on conviction, be punishable with fine which may extend to two thousand rupees and may be detained in a civil prison till he complies with the said provisions.
View Complete Act List Judgments citing this sectionCompanies (Second Amendment) Act, 2002 Section 54
Title: Amendment of Section 439
State: Central
Year: 2002
In section 439 of the principal Act,-- (i) for the word "Court", wherever it occurs, the word "Tribunal" shall be substituted; (ii) in sub-section (1), after clause (f), the following clause shall be inserted, namely:-- "(g) in a case falling under clause (h) of section 433, by the Central Government or a State Government;"; (iii) in sub-section (5), for the word, brackets and letter "and (f)" the brackets, letters and word "(f) and (g)" shall be substituted.
View Complete Act List Judgments citing this sectionCompanies (Second Amendment) Act, 2002 Section 40
Title: Substitution of New Section for Section 392
State: Central
Year: 2002
.....an arrangement; and (b) may, at the time of making such order or at any time thereafter, give such directions in regard to any matter or make such modifications in the compromise or arrangement as it may consider necessary for the proper working of the compromise or arrangement. (2) If the Tribunal aforesaid is satisfied that a compromise or an arrangement sanctioned under section 391 cannot be worked satisfactorily with or without modifications, it may, either on its own motion or on the application of any person interested in the affairs of the company, make an order winding up the company, and such an order shall be deemed to be an order made under section 433 of this Act. (3) The provisions of this section shall, so far as may be, also apply to a company in respect of which an order has been made before the commencement of the Companies (Amendment) Act, 2001 sanctioning a compromise or an arrangement."
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 439
Title: Provisions as to Applications for Winding Up
State: Central
Year: 1956
.....shares, or that the company may have no assets at all or may have no surplus assets left for distribution among the share-holders after the satisfaction of its liabilities. (4) A contributory shall not be entitled to present a petition for winding up a company unless-- (a) either the number of members is reduced, in the case of a public company, below seven, and, in the case of a private company, below two; or (b) the shares in respect of which he is a contributory, or some of them, either were originally allotted to him or have been held by him, and registered in his name, for at least six months during the eighteen months immediately before the commencement of the winding up, or have devolved on him through the death of a former holder. (5) Except in the case where he is authorised in pursuance of clause (f) of subsection (1), the Registrar shall be entitled to present a petition for winding up a company only on the grounds specified in3[clauses (b), (c), (d), (e)4[(f) and (g)] of section 433: Provided that the Registrar shall not present a petition on the ground specified in clause (e) aforesaid, unless it appears to him either from the financial condition of the.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 433 to 438
Title: Cases in Which Company May Be Wound Up by the Tribunal
State: Central
Year: 1956
Cases in which company may be wound up by the1[Tribunal] _____________________________ 1. Substituted by Act 11 of 2003, Section 50, for "Court".
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Section 8
Title: Grant or Refusal of Licence
State: Central
Year: 1987
.....before the commencement of this Act is necessary; (b) the applicant is in a position to provide the minimum facilities prescribed for the admission, treatment and care of mentally ill persons; and (c) the psychiatric hospital or psychiatric nursing home, will be under the charge of a medical officer who is a psychiatrist, it shall grant a licence to the applicant in the prescribed form, and where it is not so satisfied, the licensing authority shall, be order, refuse to grant the licence applied for: Provided lhat, before making any order refusing to grant a licence, the licensing authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a licence shall set out therein the reasons for such refusal and such reasons shall be communicated to the applicant in such manner as may be prescribed.
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