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Home Bare Acts Phrase: section 440Companies (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 sectionCompanies Act, 1956 Section 440
Title: Right to Present Winding Up Petition Where Company is Being Wound Up Voluntarily
State: Central
Year: 1956
1 [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 ord er 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.] _____________________ 1. Substituted by Act 11 of 2003, Section 56, for Section 440 (See Annexe).
View Complete Act List Judgments citing this sectionKarnataka Municipal Corporations Act, 1976 Section 440
Title: Penalty for Disobeying Requisition Under Section 150 and Schedule Ix
State: Karnataka
Year: 1976
Any person who willfully neglects or refuses to comply with any requisition lawfully made upon him under section 150 and Schedule IX shall be punished with fine which may extend to one hundred rupees: Provided that no proceedings under this section shall be instituted except with the written sanction of the Commissioner: Provided further that before giving such sanction the Commissioner shall call upon the person against whom the procedings are to be instituted to show cause why the sanction should not be given.
View Complete Act List Judgments citing this sectionBombay Civil Courts Act, 1869 Section 8
Title: Appellate Jurisdiction of District Court
State: Central
Year: 1869
Except as provided in sections 16, 17 and 26, the District Court shall be the Court of Appeal from all decrees and orders passed by the subordinate Courts from which an appeal lies under any law for the time being in force.
View Complete Act List Judgments citing this sectionBombay Civil Courts Act, 1869 Section 11
Title: Seal of District Judge
State: Central
Year: 1869
The District Judge shall use a circular seal, two inches in diameter, which shall bear thereon1[the Asoka Capital Motif,] with the following inscription in English and the principal language of the district: -- "District Court of.........." ________________________ 1 . Sub stituted for the words 'Royal Arms" by B om Act 22 of 1949 , Section 3 .
View Complete Act List Judgments citing this sectionBombay Civil Courts Act, 1869 Section 12
Title: Power to Appoint Joint District Judges
State: Central
Year: 1869
Power to appoint 1 [Joint District Judges] The State Government may appoint in any district a 1 [Joint District Judge] who shall be invested with co-extensive powers and a concurrent jurisdiction with the District Judges, except that he shall not keep a file of civil suits and shall transact such civil business only as he may receive from the District Judge, or as may have been referred to the 1 [Joint District Judge] by order of the High Court. _______________________ 1. Substituted for the words "Joint Judge" by the Bombay Civil Courts (Amdt.) Act (27 of 1984), Section 2(b) (27-9-1984). Amendments made by this clause are consequential as the rules of grammar may require.
View Complete Act List Judgments citing this sectionBOMBAY CIVIL COURTS ACT, 1869 Section 13
Title: Enactments applied to Joint District Judge; Joint District Judge's Seal
State: Central
Year: 1869
Enactments applied to 1 [Joint District Judge;] 1 [Joint District Judge's] Seal All Regulations and Acts now or hereafter in force and applying to a District Judge shall be deemed to apply also to the 1 [Joint District Judge] and the seal of the 1 [Joint District Judge] shall be the same as is used by the District Judge. _______________________ 1. Substituted for the words 'Royal Arms" by Bom Act 22 of 1949, Section 3.
View Complete Act List Judgments citing this sectionBombay Civil Courts Act, 1869 Section 14
Title: Power to Appoint Additional District Judge
State: Central
Year: 1869
Power to appoint1[Additional District Judge] The State Government may appoint one or more1[Additional District Judges] to the District Judge. ________________________ 1 . Substituted for the words "Joint Judge" by the Bombay Civil Courts (Amdt.) Act (27 of 1984), Section 2(b) (27-9-1984). Amendments made by this clause are consequential as the rules of grammar may require.
View Complete Act List Judgments citing this sectionBOMBAY CIVIL COURTS ACT, 1869 Section 15
Title: Situation of Additional District Judge's Court
State: Central
Year: 1869
Situation of 1 [Additional DistrictJudge's] Court An 1 [AdditionalDistrict Judge] shall ordinarily hold his Court at the same place as theDistrict Judge, but he may hold his court elsewhere within the district,whenever the District Judge shall, with the previous sanction of the High Court,direct him so to do. ______________________ 1. Substituted for the words "JointJudge" by the Bombay Civil Courts (Amdt.) Act (27of 1984),Section 2(b)(27-9-1984).Amendments made by this clause are consequential as the rules of grammar mayrequire.
View Complete Act List Judgments citing this sectionBOMBAY CIVIL COURTS ACT, 1869 Section 18
Title: Continuance of Additional District Judge's appellate jurisdiction
State: Central
Year: 1869
[Omitted by Bombay Act 94 of 1958, Section 6 (1-4-1959).]
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