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Home Bare Acts Phrase: section 439Companies (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 sectionCode of Criminal Procedure, 1973 Section 439
Title: Special Powers of High Court or Court of Session Regarding Bail
State: Central
Year: 1973
.....122, 123, 124A, 153A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the Explosive Substances Act, 1908, and sections 25, 26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on accusation of committing an offence as specified in clause (a), has applied to me High Court or the Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely:- (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person; (iii) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 439
Title: Jurisdiction of Magistrate
State: Central
Year: 1958
4391. Jurisdiction of Magistrate No court inferior to that of2[Metropolitan Magistrate or a, Judicial Magistrate of the first class] shall try any offence under this Act or any rule or regulation thereunder. ________________________ 1. Section 439 came into force on 1st April, 1960 2. Substituted for the words "presidency magistrate or a magistrate of the first class" by the Merchant Shipping (Amendment) Act, 1983 (12 of 1983),Section 17 and the Sen., Item 16 (18-5-1983).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 99A
Title: Noorder Under Section 47 to Be Reversed or Modified Unless Decision of Thecase is Prejudicially Affected
State: Central
Year: 1908
1 [99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected Without prejudice to the generality of the provisions of section 99, no order under section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case.] _________________ 1. Inserted by Act 104 of 1976, section 36 (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCompanies (Second Amendment) Act, 2002 Section 55
Title: Insertion of New Section 439a
State: Central
Year: 2002
After section 439 of the principal Act, the following section shall be inserted, namely:-- "439A. Statement of affairs to be filed on winding up of a company.-- (1) Every company shall file with the Tribunal a statement of its affairs alongwith the petition for winding up. (2) Where a company opposes a petition for its winding up, it shall file with the Tribunal a statement of its affairs. (3) The statement of affairs referred to in sub-section (1) or sub-section (2) shall be accompanied by -- (a) the last known addresses of all directors and company, secretary of such company; (b) the details of location of assets of the company and their value; (c) the details of all debtors and creditors with their complete addresses; (d) the details of workmen and other employees and any amount outstanding to them; (e) such other details as the Tribunal may direct.".
View Complete Act List Judgments citing this sectionCompanies (Second Amendment) Act, 2002 Section 56
Title: Substitution of New Sections for Sections 440 and 441
State: Central
Year: 2002
For sections 440 and 441 of the principal Act, the following sections shall be substituted, namely:-- 440. Right to present winding up petition where company is being wound up voluntarily.-- (1) Where a company is being wound up voluntarily, a petition for its winding up by the Tribunal may be presented by -- (a) any person authorised to do so under section 439; or (b) the Official Liquidator. (2) The Tribunal shall not make a winding up order on a petition presented to it under sub-section (1), unless it is satisfied that the voluntary winding up cannot be continued with due regard to the interests of the creditors or contributories or both. 441. Commencement of winding up by Tribunal.-- (1) Where, before the presentation of a petition for the winding up of a company by the Tribunal, a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have commenced at the time of the passing of the resolution, and unless the Tribunal, on proof of fraud or mistake, thinks fit to direct otherwise, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken. (2) In any other case, the.....
View Complete Act List Judgments citing this sectionAnti-hijacking (Amendment) Act, 1994 Section 4
Title: Insertion of New Section 7a
State: Central
Year: 1994
After section 7 of the principal Act, the following section shall be inserted, namely:- "7A. Provision as to bail.--(I) Notwithstanding anything in the code of criminal Procedure, 1973 (2 of 1974), no person accused of an a offence punishable under this Act shall, if in custody be released on bail or on his own bond unless- (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application the court is satisfied that there are reusable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitation on granting of bail specified in sub-section (1) are in addition to the limitations under the code of criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting bail. (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).'.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 87B
Title: Applications of Sections 85 and 86 to Rulers of Former Indian States
State: Central
Year: 1908
Suits against Rules of former Indian States 1 [(1) In the case of any suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which arose before the commencement of the Constitution or any proceeding arising out of such suit, the provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign State.] (2) In this section-- (a) "former Indian State" means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this section; 2 [***] 3 [(b) "commencement of the Constitution" means the 26th day of January, 1950; and (c) "Ruler" in relation to a former Indian State, has the same meaning as in Article 363 of the Constitution.]] ___________________ 1. Substituted by Act 54 of 1972, section 3, for sub-section (1) (w.e.f. 9-9-1972). 2. The word "and" omitted by Act 54 of 1972, section 3 (w.e.f. 9-9-1972). 3. Substituted by Act 54 of 1972, section 3, for clause (b) (w.e.f. 9-9-1972).
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 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.....
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