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Oct 29 2004

Commissioner of Income Tax Vs. Principal Officer C/O Arkay Wires (P) L ...

Court : Allahabad

Decided on : Oct-29-2004

Subject : CompanyDirect Taxation

Acts : Companies Act, 1956 - Sections 294, 294(2), 294(6), 314 and 314(1); Income Tax Act, 1961 - Sections 37(1)

Reported in : [2005]127CompCas250(All); (2005)193CTR(All)697; [2005]277ITR225(All)

of the case, the Tribunal was legally correct in holding that the provisions of Section 314(1)(b) of the Companies Act, 1956, were not applicable ?'2. Briefly stated the facts giving rise to the present reference are as follows:The assessment … M/s Kumar Wire & Conductors were not sole selling agents of the company and, therefore, the provisions of Section 294(2) were not attracted ?2. Whether, on the facts and circumstances of the case, the Tribunal was legally correct

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Feb 06 2001

A.V. Kasargod and ors. Vs. the Registrar of Companies in Karnataka, Ba ...

Court : Karnataka

Decided on : Feb-06-2001

Subject : Company

Acts : Companies Act, 1956 - Sections 294(2) and 629A; Code of Criminal Procedure (CrPC) , 1973 - Sections 468(2), 472, 473 and 482

Reported in : ILR2001KAR3674; 2002(2)KarLJ270

Bangalore seeking for quashing the above proceedings against them for the offence punishable under Section 629-A of the Companies Act, 1956 (for short 'the Act').2. The respondent filed the above complaint registered as C.C. No. 202 of 1998 against … Special Court for Economic Offences, Bangalore alleging that the petitioners have not complied with the mandatory requirements of Section 294(2) of the Act while appointing M/s. Medley Marketing Private Limited, Bombay on 28-8-1989 and M/s. P.V. Kuruvilla, Calcutta

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Dec 06 1965

Arantee Manufacturing Corporation Vs. Bright Bolts Private Ltd.

Court : Mumbai

Decided on : Dec-06-1965

Subject : Company

Acts : Companies Act, 1956 - Sections 9, 294 and 294(2)

Reported in : AIR1967Bom440; (1967)69BOMLR444; 1967MhLJ38

in reply the defendants have also raised legal contentions based on the provisions of Section 294 of the Companies Act, 1956. The defendants have contended that in any case, the appointment of the plaintiffs as sole selling agents as

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Feb 10 1966

Nanavati and Co. Private Ltd. Vs. R.C. Dutt and ors.

Court : Mumbai

Decided on : Feb-10-1966

Subject : Company

Acts : Companies Act, 1956 - Sections 2(50), 294, 294(5), 294(6), 397 and 398; Constitution of India - Article 14

Reported in : [1967]37CompCas171(Bom)

entered into by J.K.Chemicals Ltd. (5th respondent) with the petitioner-company have been varied under section 294(5)(c) of the Companies Act, 1956. 2. The facts giving rise to the passing of the impugned order mentioned above may be stated :

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Feb 28 1973

Nanavati and Co. (Pvt.) Ltd. Vs. R.C. Dutt and ors.

Court : Mumbai

Decided on : Feb-28-1973

Subject : Company

Acts : Companies Act, 1956 - Sections 2, 2(50), 6, 36, 237, 294, 294(5), 326, 326(2) and 637; Company Law

Reported in : [1975]45CompCas91(Bom)

consignment basis. This being a sole selling agency agreement covered by the provisions of section 294 of the Companies Act, 1956, the approval of the general body of the shareholders was obtained which made the contract lawful and effective

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Dec 06 1955

Arantee Manufacturing Corporation Vs. Bright Bolts Private Ltd.

Court : Mumbai

Decided on : Dec-06-1955

Subject : Company

Acts : Companies Act, 1956 - Sections 2, 9, 294, 294(2) and 297(2)

Reported in : [1967]37CompCas758(Bom)

in reply the defendants have also raised legal contentions based on the provisions of section 294 of the Companies Act, 1956. The defendants have contended that in any case, the appointment of the plaintiffs as sole selling agents as

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Nov 07 1969

Firestone Tyre and Rubber Co. Vs. Synthetics and Chemicals Ltd. and or ...

Court : Mumbai

Decided on : Nov-07-1969

Subject : Company

Acts : Companies Act, 1956 - Sections 2(11), 3, 4, 10, 10(1), 10E, 12, 12(1), 12(2), 16, 32, 34, 36, 71, 88, 91B, 172(1), 173, 173(2), 176(3), 176(5), 189(2), 203, 204, 204(4), 205, 207, 208, 209(4), 277, 283(1), 294, 294(2), 294(2A), 294(5), 294A, 294A(1), 295(5), 299, 299(1), 299(4), 300, 300(1), 300(3), 300(4), 314, 314(1), 314(2), 314(3), 397 and 398; Companies (Amendment) Act, 1965

Reported in : [1971]41CompCas377(Bom); [1971]41ITR377(Bom)

Suit No 522 of 1969. It is contended that the solicitor-director was prohibited by section 300 of the Companies Act, 1956, from taking any part in the discussion of or vote on, the said appointment for a further term … Mr. Ramdas Kilachand directors of this company are interested as directors and members.' 5. RESOLVED that pursuant to section 294 and other applicable provisions of the Companies Act, Messrs. Kilachand Devchand and Co. Pvt. Ltd. be and they

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Dec 16 1992

V.D. Swami and Co. (P.) Ltd. Vs. Southern Switchgear Ltd.

Court : Chennai

Decided on : Dec-16-1992

Subject : Company

Acts : Companies Act, 1956 - Sections 294, 294(1), 294(2) and 294(2A); Indian Contract Act, 1872 - Sections 64 and 65

Reported in : [1995]84CompCas932(Mad); (1993)IMLJ483

costs. A learned single judge of this court has dismissed the suit, holding that section 294(2A) of the Companies Act, 1956, operated as a bar to the maintainability of the suit, and that besides the force majeure clause in

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Mar 27 1979

In Re: Sumani Pvt. Ltd.

Court : Mumbai

Decided on : Mar-27-1979

Subject : Company

Acts : Companies Act, 1956 - Sections 294, 391, 394, 394(1), 394A, 448(2), 449 and 450; Companies (Amendment) Act, 1965

Reported in : [1979]49CompCas547(Bom)

Manohar J., it was contended on behalf of the petitioners that under s. 394(1), second proviso, of the Companies Act, 1956, the official liquidator is required to make a report to the court only in respect of company which … dissolution is not made or an application under s. 391 or s. 294 is not granted, unless the court has considered the report or the … a compromise or a arrangement proposed between a company and any such persons as are mentioned in that section, and it is shown to the court - (a) that the compromise or arrangement has been proposed for

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Jan 18 2000

Cossul and Co. (P.) Ltd. Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Jan-18-2000

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37; Companies Act, 1956 - Sections 294, 294A and 314

Reported in : [2000]245ITR312(All); [2000]113TAXMAN333(All)

sole selling agent, Tools Implements and Machinery Distributors, was in contravention of Sections 294 and 314 of the Companies Act, 1956, and, therefore, the sole selling agency commission paid by the assessee-company was not an admissible deduction in working … Tribunal's order shows that it failed to record any finding on question No. 2.6. The relevant portion of Section 294 is as under :'294. Appointment of sole selling agents to require approval of company in general meeting.--(1) No

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