Advanced Search Results

Jacob Cherian Vs. K.N. Cherian and ors.

Court : Chennai

Subject : Company

Acts : Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 1; Companies Act, 1956 - Sections 397, 398 and 433; Companies (Court) Rules, 1959 - Rules 6 and 88(2)

Reported in : [1973]43CompCas235(Mad)

Palaniswamy, J.1. This petition is filed under Sections 397, 398 and 402(c) of the Companies Act, 1956 (hereinafter referred to as the Act). The petitioner is one of the sons of the first respondent, the … accordance with these rules or the practice and procedure of the court.'5. Rule 88 deals with petitions under Section 397 or 398. Sub-rule (2) of that rule, inter alia, states that a petition under Section 397 or 398

Anugraha Jewellers Ltd. and anr. Vs. K.R.S. Mani and ors.

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 397, 398, 402 and 403; Indian Penal Code (IPC) - Sections 477A

Reported in : [2002]111CompCas501(Mad)

shares in Anugraha Jewellers Ltd. They filed the petition under Sections 397, 398, 402 and 403 of the Companies Act, 1956, alleging certain acts of oppression and mismanagement in the affairs of the company.3. The gist of the case … as a part of a continuous story. It must be shown as a preliminary to the application of Section 397 that there is just and equitable ground for winding up the company. The conduct complained of can be

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Subject : Company

Reported in : [2010]153CompCas579(Gauhati)

the Companies Act, 1930, and is, therefore, an 'existing company' within the meaning of the provisions of the Companies Act, 1956. The appellant-company is in the business of manufacture and sale of tea and owns a tea estate, which … the light of the pleadings of the plaintiff, an oppressive act and squarely covered by the provisions of Section 397 read with Section 399 of the Companies Act. Viewed from this angle too, contends Dr. Saraf, the suit

Chatterjee Petrochem (i) Pvt. Ltd. Vs. Haldia Petrochemicals Ltd. and ...

Court : Supreme Court of India

Subject : Company Law

Acts : Companies Act, 1956 - Sections 397, 398, 399, 402, 403, 406, 10F, 619-B; Indian Companies Act, 1913; Companies Act, 1948 - Section 210

of 2009 before the Company Law Board under Sections 397, 398, 399, 402, 403 and 406 of the Companies Act, 1956, inter alia, for the following reliefs :- “a) An order be passed directing the company to take immediate … taken was that the CLB had erred in applying the doctrine of legitimate expectation in a Petition under Section 397 read with Sections 398 and 402 of the Companies Act, 1956, and in treating the Company to be

Khimji M Shah and Others Vs. Ratilal Damodardas Modi and Others

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 210, 397 and 398; Companies (Court) Rules, 1959 - Rule 6

Reported in : 1987(3)BomCR236; (1987)89BOMLR607; [1990]67CompCas185(Bom)

to grant leave to amend a pleading in a petition under section 397 or section 398 of the Companies Act, 1956, for relief against mismanagement or oppression in the affairs of a company. In the case of Bastar Transport

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Subject : Intellectual Property Rights

Acts : Companies Act, 1956 - Sections 4D, 10A to 10D, 79, 111(4), 237, 397, 398, 399, 399(1), 399(2), 399(3), 399(4), 399(5), 401, 402 and 642; Copyright Act, 1957 - Sections 33; Industrial Disputes Act, 1947 - Sections 10; Code of Civil Procedure (CPC) - Sections 86, 92, 92(1) and 92(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 197; Companies (IInd Amendment) Act, 2003 - Sections 44; Constitution of India - Article 226; Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14; Land Acquisition Act - Sections 17(4); Foreign Exchange Regulation Act; Electricity Act, 1910 - Sections 4(1); Border Security Force Act, 1968; Bombay Provincial Municipal Corporation Act, 1949; Minimum Wages Act, 1948 - Sections 5(1); Arbitration and Conciliation Act, 1996 - Sections 11, 11(4),

Reported in : [2008]87SCL51(Delhi)

the Company Law Board be requested to exercise its jurisdiction under Section 397, 398 and 402 of the Companies Act, 1956 in respect of the functioning and working of the Indian Performing Rights Society Ltd. 6. Since the petitioners

Kilpest Private Ltd. Vs. Shekhar Mehra

Court : Madhya Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 397, 398, 399(3) and 433; Limitation Act, 1963 - Schedule - Article 137

Reported in : [1987]62CompCas717(MP); 1985MPLJ160

1984 (Kilpest Private Ltd, v. Shekhar Mehra). 2. This is an appeal preferred under Section 483 of the Companies Act, 1956, by the company, the managing director and the director of the company against an order dated August 6, … Act for the decision of these two appeals. 31. The relevant provisions for these two cases are : Section 397 which contemplates the power of the court in relation to prevention of oppression and mismanagement; Section 398 speaks

K.P. Chackochan and anr. Vs. Federal Bank and ors.

Court : Kerala

Subject : BankingCompany

Acts : Banking Regulation Act, 1949 - Sections 10A, 10B, 20, 30, 35B, 36, 36AD, 36AE, 36AJ, 37, 38, 38(2) and 47A; ;Companies Act, 1956 - Sections 176, 391, 392, 397, 398, 399(3), 433 and 583; Banking Regulation (Amendment) Act, 1968

Reported in : [1989]66CompCas953(Ker)

K.P. Radhakrishna Menon, J. 1. An application presented under Section 397, read with Section 399, of the Companies Act, 1956, for the following reliefs:' (a) The meeting scheduled to be held on August 30, 1988, of the company

Srikanta Datta Narasimharaja Wadiyar Vs. Sri Venkateswara Real Estate ...

Court : Karnataka

Subject : Company

Acts : Companies Act, 1956 - Sections 397 and 398

Reported in : ILR1989KAR2603

67 of 1987 are filed by the petitioner under the provisions of Sections 397 and 398 of the Companies Act, 1956 (in short the Act). Company Petitions Nos. 49 and 50 are filed by the very same petitioner under … English Law there is no provisions which is similar or comparable to Section 398 of the Act. But Section 397 of the Act is present in the English Act in a slightly different form. In the 1985 Act

Sri Krishna Tiles and Potteries (Madras) Private Limited Vs. the Compa ...

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 397; Companies Court Rules, 1959 - Rule 13

Reported in : [1979]49CompCas409(Delhi); ILR1979Delhi105

I am told for the first time, is the construction of sub-section (4) of Section 399 of the Companies Act, 1956. This provision empowers the Central Government to authorise any member or members of a company to apply to … the Central Government to authorise any member or members of a company to apply to the court under Section 397 or section 398 of the Companies Act notwithstanding that the said member or members do not have either