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Mar 19 1979

In Re: Kelly and Henderson P. Ltd., L. Jai Kulbir Singh and anr. Vs. K ...

Court : Mumbai

Decided on : Mar-19-1979

Subject : Company

Acts : Companies Act, 1956 - Sections 299, 300, 397, 398, 402, 643 and 643(1); Code of Civil Procedure (CPC), 1908 - Sections 141 - Order 23, Rule 3; Companies (Court) Rules, 1959 - Rule 6

Reported in : [1980]50CompCas646(Bom)

2 shares in the company. The present petition has been filed under ss. 397 and 398 of the Companies Act, 1956, asking for various reliefs set out in the petition on the ground of oppression and mismanagement. When the … to a petition under ss. 397 and 398 of the Companies Act Basically the provisions of both these sections provide for relief in cases of oppression of minority shareholders and in cases where the affairs of the … with these Rules or the practice and procedure of the court.'5. Section 141 of the CPC lays down that the procedure provided in the CPC

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Jul 30 1983

Union of India and ors. Vs. Ambalal Sarabhai Enterprises Ltd.

Court : Gujarat

Decided on : Jul-30-1983

Subject : Company

Acts : Companies Act 1956 - Sections 141(2), 183, 189, 390, 391, 391(1), 391(2), 392, 393, 394, 394(1), 394A, 395 and 396; ;Monopolies and Restrictive Trade Practices Act, 1969 - Sections 2, 20, 21, 22, 23, 23(1), 23(2), 23(3), 23(4), 23(9), 24, 25, 26, 27, 28, 29 and 30

Reported in : [1983]55CompCas623(Guj); [1984]147ITR294(Guj)

transferee-company-Ambalal Sarabhai Enterprises was incorporated on June 27, 1977, as a private company limited by shares under the Companies Act, 1956, and was converted into a public company with effect from December 30, 1980. The registered office of the … to deprive the Government of legitimate income-tax. Stay extended up to August 31, 1983. Company - amalgamation - Sections 141 (2), 183, 189, 390, 391 (1), 391 (2), 392, 393, 394, 394 (1), 394A, 395 and 396 of

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Feb 19 2008

K.P.G. Nair Vs. State and ors.

Court : Delhi

Decided on : Feb-19-2008

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141 and 141(2); Companies Act, 1956 - Sections 303(2); Code of Criminal Procedure (CrPC) - Sections 482

Reported in : 2008(101)DRJ704

issuance of the cheques. A photocopy of the Form 32 filed in terms of Section 303(2) of the Companies Act, 1956 by PCL with the Registrar of Companies has been placed on record. It is accordingly submitted that the … The aforementioned complaint was filed by Respondents 2 and 3 in the Court of the learned MM under Sections 138 read with 141 of the Negotiable Instruments Act, 1881 ('NI Act'). The complainant alleged that pursuant to

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Feb 25 1970

Official Liquidator, Nagpur Glass Works Ltd. Vs. (In Liquidation) V.D. ...

Court : Mumbai

Decided on : Feb-25-1970

Subject : Company

Acts : Companies Act, 1956 - Sections 48, 115, 235, 477, 477(5), 477(6), 478, 488, 534 and 543

Reported in : (1971)73BOMLR333; [1971]41CompCas524(Bom); 1970MhLJ686

the Nagpur Glass Works Ltd. - a company under winding-up under the provisions of section 488 of the Companies Act, 1956. The said order was made by the learned company judge sitting in chambers at Bombay.2. There is a … circumstances of the case, there will be no order as to costs. Company - Order for examination - Sections 48, 115, 235, 477, 478, 488 and 534 of Companies Act, 1956 - ex parte Order passed for … of a suit and are tried as such by virtue of section 141 of the Civil Procedure Code which provides that the procedure provided in

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Sep 13 2006

Sabitha Ramamurthy and anr. Vs. R.B.S. Channabasavaradhya

Court : Supreme Court of India

Decided on : Sep-13-2006

Subject : Criminal

Acts : Negotiable Instruments Act - Sections 138, 139, 141 and 141(1); Code of Criminal Procedure (CrPC) - Sections 200 and 482; Companies Act, 1956

Reported in : AIR2006SC3086; II(2007)BC210(SC); (2006)6CompLJ290(SC); 2006CriLJ4602; [2006(4)JCR138(SC)]; JT2006(12)SC20; 2006(6)KarLJ161; 2006(4)MPHT212; RLW2007(1)SC467; 2006(9)SCALE21

liable therefore. Such vicarious liability can be inferred so far as a company registered or incorporated under the Companies Act, 1956 is concerned only if the requisite statements, which are required to be averred in the complaint petition, are … thus, allowed. Criminal - vicarious liability - Dishonour of cheque given by company - Negotiable instruments Act - Sections 138, 139, 141 and 141(1) - Appeal assailing propriety of High Court decision holding petitioners who were directors

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Aug 18 2009

Suhas Bhand Vs. State of Maharashtra and anr.

Court : Mumbai

Decided on : Aug-18-2009

Subject : Company

Acts : Companies Act, 1956 - Sections 255 to 258, 303(1) and 303(2); Negotiable Instruments Act, 1881 - Sections 138 and 141; Evidence Act, 1872 - Sections 74, 76, 77 and 79; Contract Act - Sections 70; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2009(111)BomLR3774

to the resignation of a Director of a Limited Company or a private Limited Company registered under the Companies Act, 1956 in a criminal proceeding initiated against such Director of such Company under Section 138 read with Section 141 … by rotation and may or may not be reappointed to the Board (which is under the provisions of Sections 255 to 258 of the Companies Act). The Directors may also resign from the Company. There would be

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Jan 28 2008

R.S. Rathore Vs. Reserve Bank of India and ors.

Court : Delhi

Decided on : Jan-28-2008

Subject : BankingCriminal

Acts : Reserve Bank of India Act, 1934 - Sections 31, 45, 45E, 45IA, 45IA(1), 45MA, 45NA, 45QA(2), 45S, 58B, 58B(2), 58(B)(5), 58B(5A), 58C, 58C(1) and 58C(2); Companies Act, 1956 - Sections 5 and 220; Negotiable Instruments Act, 1881 - Sections 138, 141, 141(1) and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 29, 200 and 482; Reserve Bank of India Regulations

Reported in : IV(2008)BC599

the Articles of Association of the company and also by the specific provisions of Section 5 of the Companies Act, 1956.4. Preceding the filing of the complaint, the RBI had an inspection conducted and had also placed before the … offence is committed by a Company is in pari materia with Section 141 of the Negotiable Instruments Act, 1881 ('NI Act'). Accordingly it is submitted … of the NBFC Prudential Norms (Reserve Bank) Directions, 1998, and therefore, there has been a violation punishable under Sections 58(B)(5)(aa) of the Act.(b) The Company had failed to maintain a consolidated register of branches at its registered

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Dec 12 2007

V.C. Anthony, Chairman, Bhageeratha Engineering Ltd., Vs. Citi Financi ...

Court : Delhi

Decided on : Dec-12-2007

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141, 142 and 144; Companies Act, 1956 - Sections 291; Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988; Code of Criminal Procedure (CrPC) - Sections 482

Reported in : I(2008)BC430; 2008(102)DRJ40

in the complaint read as under:That the Accused No. 1 is also a Company duly incorporated under the Companies Act, 1956 and having its registered office at 132, Panampilly Avenue, Kochi-682 086. The Accused Nos. 2 to 7 are … DLT 783 ., it has been laid down that as per Section 141 of the Negotiable Instruments Act, only such person is held liable if … Negotiable Instruments Laws (Amendment) Act, 1988 (Act 66 of 1988) with effect from 1.4.1989. The said Act inserted Sections 138 and 142 in the Negotiable Instruments Act. The objects and reasons for inserting the Chapter was:to enhance

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Mar 22 2002

V. Muthukamara Ramalingam Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Decided on : Mar-22-2002

Subject : CriminalBanking

Acts : Companies Act, 1956 - Sections 291; Negotiable Instruments Act, 1881 - Sections 138 and 141

Reported in : 2002(1)ALD(Cri)896; 2002(2)ALT(Cri)110; [2003]114CompCas372(AP); [2004]55SCL543(AP)

proceeded against for an offence under Section 138 of the Act. 6. As per Section 291 of the Companies Act, 1956, all the powers of management of the affairs of the company as vested in the board of directors … liable to be quashed. 3. Heard the learned public prosecutor. 4. Section 141 of the Act reads : 'Offences by companies.--(1) If the person committing … afirm, means a partner in thefirm.' As seen from the above it is very clear that both the sections are almost similar with regard to the liability of directors of a company, if in case offences are

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Jan 04 2008

Shri Rajesh Kumar Gulati S/O Late Shri Surajbhan Gulati Vs. National A ...

Court : Delhi

Decided on : Jan-04-2008

Subject : Criminal

Acts : Negotiable Instrument Act - Sections 138, 141 and 41(2); Multi State Co-operative Societies Act, 2002; Companies Act, 1956 - Sections 291; Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988; Code of Criminal Procedure (CrPC) - Sections 482; Constitution of India - Articles 226 and 227

Reported in : 147(2008)DLT219

liable thereforee. Such vicarious liability can be inferred so far as a company registered or incorporated under the Companies Act, 1956 is concerned only if the requisite statements, which are required to be averred in the complaint petition, are … the petitioner, that would define or implicate the petitioner in any manner, by way of an offence under Sections 138 and 141 of the Act. The petitioner is not the signatory of the dishonoured cheques, nor he

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