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Start Free TrialRight to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 58
Title: Resignation and Removal
State: Central
Year: 2013
(1) The Presiding Officer of an Authority may, by notice in writing under his hand addressed to the appropriate Government, resign his office: Provided that the Presiding Officer shall, unless he is permitted by the appropriate Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier. (2) The Presiding Officer of an Authority shall not be removed from his office except by an order made by the appropriate Government on the ground of proven misbehaviour or incapacity after inquiry in the case of the Presiding Officer of an Authority made by a Judge of a High Court in which the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges. (3) The appropriate Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 58
Title: Refusal of Registration and Appeal Against Refusal
State: Central
Year: 2013
.....the transferee may, within a period of sixty days of such refusal or where no intimation has been received from the company, within ninety days of the delivery of the instrument of transfer or intimation of transmission, appeal to the Tribunal. (5) The Tribunal, while dealing with an appeal made under sub-section (3) or subsection (4), may, after hearing the parties, either dismiss the appeal, or by order-- (a) direct that the transfer or transmission shall be registered by the company and the company shall comply with such order within a period of ten days of the receipt of the order; or (b) direct rectification of the register and also direct the company to pay damages, if any, sustained by any party aggrieved. (6) If a person contravenes the order of the Tribunal under this section, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 345
Title: Books and Papers of Company to Be Evidence
State: Central
Year: 2013
Where a company is being wound up, all books and papers of the company and of the Company Liquidator shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be recorded therein.
View Complete Act List Judgments citing this sectionCOMPANIES ACT, 2013, Section 313
Title: Cesser of Board's powers on appointment of Company Liquidator
State: Central
Year: 2013
On the appointment of a Company Liquidator, all the powers of the Board of Directors and of the managing or whole-time directors and manager, if any, shall cease, except for the purpose of giving notice of such appointment of the Company Liquidator to the Registrar.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 323
Title: Costs of Voluntary Winding Up
State: Central
Year: 2013
All costs, charges and expenses properly incurred in the winding up, including the fee of the Company Liquidator, shall, subject to the rights of secured creditors, if any, be payable out of the assets of the company in priority to all other claims.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 324
Title: Debts of All Descriptions to Be Admitted to Proof
State: Central
Year: 2013
In every winding up (subject, in the case of insolvent companies, to the application in accordance with the provisions of this Act or of the law of insolvency), all debts payable on a contingency, and all claims against the company, present or future, certain or contingent, ascertained or sounding only in damages, shall be admissible to proof against the company, a just estimate being made, so far as possible, of the value of such debts or claims as may be subject to any contingency, or may sound only in damages, or for some other reason may not bear a certain value.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 328
Title: Fraudulent Preference
State: Central
Year: 2013
(1) Where a company has given preference to a person who is one of the creditors of the company or a surety or guarantor for any of the debts or other liabilities of the company, and the company does anything or suffers anything done which has the effect of putting that person into a position which, in the event of the company going into liquidation, will be better than the position he would have been in if that thing had not been done prior to six months of making winding up application, the Tribunal, if satisfied that, such transaction is a fraudulent preference may order as it may think fit for restoring the position to what it would have been if the company had not given that preference. (2) If the Tribunal is satisfied that there is a preference transfer of property, movable or immovable, or any delivery of goods, payment, execution made, taken or done by or against a company within six months before making winding up application, the Tribunal may order as it may think fit and may declare such transaction invalid and restore the position.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 329
Title: Transfers Not in Good Faith to Be Void
State: Central
Year: 2013
Any transfer of property, movable or immovable, or any delivery of goods, made by a company, not being a transfer or delivery made in the ordinary course of its business or in favour of a purchaser or encumbrance in good faith and for valuable consideration, if made within a period of one year before the presentation of a petition for winding up by the Tribunal or the passing of a resolution for voluntary winding up of the company, shall be void against the Company Liquidator.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 330
Title: Certain Transfers to Be Void
State: Central
Year: 2013
Any transfer or assignment by a company of all its properties or assets to trustees for the benefit of all its creditors shall be void.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 334
Title: Transfers, Etc., After Commencement of Winding Up to Be Void
State: Central
Year: 2013
(1) In the case of a voluntary winding up, any transfer of shares in the company, not being a transfer made to or with the sanction of the Company Liquidator, and any alteration in the status of the members of the company, made after the commencement of the winding up, shall be void. (2) In the case of a winding up by the Tribunal, any disposition of the property, including actionable claims, of the company, and any transfer of shares in the company or alteration in the status of its members, made after the commencement of the winding up, shall, unless the Tribunal otherwise orders, be void.
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