Judgment Search Results Home > Cases Phrase: companies act 1956 chapter 2 directors Page 92 of about 51,492 results (0.106 seconds)

Pratima Srivastava Vs. State of Nct of Delhi andanr.

Court : Delhi

..... the allegation stands, the company of which the petitioner was director (claims to be a director for a short period from 1.1.1998 to 25.7.1998) neither applied for registration under the regulation referred to above nor took any steps for winding up the schemes and repayment to the investors as provided under the regulations and, therefore, the company had violated the provisions of sections 11b, 12(1b) of the sebi act, 1992 and regulation 5(1)(b) read with regulations 68(1), 68(2), 73 and 74 of the act.14. ..... the petitioner while praying for discharge submitted that she was the director of the company from 1.1.1998 to 25.7.1998 which period was much before the alleged ..... in such circumstances, the petitioner was on the board of the company as a director and whether she participated in the day to day functioning of the company remains a disputed question of fact which could only be thrashed out or settled in a full fledged ..... was further submitted on behalf of the petitioner that she was not a director of the company when the notification of the year 1999 came into existence. ..... , shall subject to the provisions of chapter ix of these regulations make an application to the board for the grant of a certificate within a period of two months from such date ..... any person who has been operating a collective investment scheme at the time of commencement of these regulations shall be deemed to be an existing collective investment scheme and shall also comply with the provisions of this chapter. .....

1.Executive Director, Vs. 1.The Additional Director,

Court : Chennai

..... inspected the factory of the petitioner situated at nh-7, tiruvananthapuram main road, moondradaippu, tirunelveli district and have seized certain documents and issued summons dated 23.07.2015 under section 108 of the customs act, 1962 for conducting enquiry on 29.07.2015 with regard to fraudulent availment of epcg scheme by way of endorsing epcg licences with unconnected exporter's shopping bills in the third party details for obtaining eodc ..... 6.it is stated in the counter affidavit that the intelligence pointed out that the importer had obtained export obligation discharge certificate (eodc) from the joint director general of foreign trade (jdgft).madurai, by submitting irrelevant export documents, showing exports have been done on their behalf and in order to evade customs duty payable for non-fulfillment of export obligation as undertaken ..... summon had been issued to the executive director of the petitioners company directing them to appear before the authority. ..... stated that the central board of excise and customs (cbec) vide circular no.4/99-cus dated 15.02.1999 has directed that directorate of revenue intelligence (dri) officers to undertake investigations of cases and to issue the show cause notices on completion ..... the export through third party as defined in chapter 9 of the policy is also permitted under ..... 10.chapter 9 of the policy defines the "third-party exports" as exports made by an exporter or manufacturer on behalf of another exporter(s).in such cases, export documents such .....

Lankford Vs. Platte Iron Works Co.

Court : US Supreme Court

..... 6 (303): "in the event that the bank commissioner shall take possession of any bank or trust company which is subject to the provisions of this chapter, the depositors of said bank or trust company shall be paid in full, and when the cash available or that can be made immediately available of said bank or trust company is not sufficient to discharge its obligations to depositors, the said banking board shall draw from the ..... , if construction be needed -- we should observe the fundamental rules that apply to contracts; for while there is disagreement upon the question whether the state is a party to it, we all agree that the act prescribes a contract, and one of wide importance, between the banks and the depositors, and that the public interest is as much concerned in seeing it carried out and enforced according to its true intent and ..... the amount necessary to make up the deficiency, and the state shall have, for the benefit of the depositors' guaranty fund, a first lien upon the assets of said bank or trust company, and all liabilities against the stockholders, officers, and directors of said bank or trust company, and against all other persons, corporations, or firms. ..... a winding up of the bank's affairs, with a liquidation of its assets and enforcement of the liabilities of stockholders, officers, and directors, is provided for, and the proceeds are to be devoted to restoring the guaranty fund and repaying to the solvent banks the amount of the emergency assessments; but the .....

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court : Patna

..... in : [1970]3scr530 it was observed as follows:a company registered under the companies act is a legal person, separate and distinct from its ..... the law or with the maintenance of law and order, or that it constitutes a danger to the public peace, the provincial government may by notification in official gazette declare such association to be unlawful.the amending act substituted for clause (b) in section 15(2) the following clause:(b) which has been declared by the state government by notification in the official gagatte to be unlawful on the ground (to be specified in the notification) that ..... part will remain a part of the territory of india;(e) 'tribunal' means the tribunal constituted under section 5 ;(f) 'unlawful activity', in relation to an individual or association, means any action taken by such, individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), -(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of apart of the territory of india or the ..... director of a company ..... out that they come under chapter iii which provides for 'offences ..... a shareholder, a depositor or a director may not, therefore, be entitled to move a petition for infringement of the rights of the company, unless by the action impugned by him, his rights are also infringed.by a petition praying for a writ against infringement of fundamental rights except in a case where the .....

Central Bank of India Vs. Madalsa International Ltd. and Others

Court : Mumbai

Reported in : AIR1997Bom310; 1997(3)ALLMR270

..... appointment of a special director referred to in sub-section (4) shall be valid and effective notwithstanding anything to the contrary contained in the companies act. ..... to board - (1) where an industrial company has become a sick industrial company, the board of directors of the company, shall, within sixty days from the date of finalisation of the duly audited accounts of the company for the financial year as at the end of which shall be adopted with respect to the company; provided that of the board of directors had sufficient reasons even before such finalisation to form the opinion that the company, the board of directors shall, within sixty days after it has ..... 1956 (1to 1956) or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding-up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for the recovery of money or for the enforcement of any security against the industrial company or of any ..... under the act the regulations have been framed called board for industrial and financial reconstruction regulation, 1987 and chapter ii of the regulations provide for reference under ..... apart from the heading of chapter iii of the act, the regulation, would also show that a distinction is drawn between a reference and .....

Padubidri Pattabhiram Bhat Vs. Shamrao Vithal Coop. Bank Ltd. and ors.

Court : Mumbai

Reported in : 1989(2)BomCR500; (1989)IILLJ377Bom; 1989MhLJ566

..... section 27 of the banking regulation act) the power of the reserve bank and the central government to inspect the bank and its books, the director's obligation to produce such books for inspection, and the power of the inspecting officer appointed by the reserve bank of india to examine directors and officers on oath, furnish the measure of control exercised by the central government and the reserve bank of india on banking companies (section 35 of the banking ..... central government's hand that leads the central registrar to inspect the bank, to place or replace members of the board of directors, amalgamate the bank with another, sanction registration of the bye-laws, to determine the managerial structure, to supersede the board. ..... the validity of clause 4 of the contract of service dated 19th may, 1984 and the resolution of the board of directors dated 21st may, 1987 whereby his employment was terminated in accordance with the terms of the contract.1. ..... of the bank is deemed to be a public servant for the purpose of chapter ix of the indian penal code he enjoys immunity from prosecution without previous sanction. ..... since 1960 when the maharashtra co-operative societies act was enacted, most of the states in the indian union have laws broadly on the model provided by the committee on co-operative law 1956, approved by the government of india.the multi unit co-operative societies act, 1942, wich governed the co-operative societies whose activities extended beyond one state was found .....

In Re: Sharp Industries Limited

Court : Mumbai

Reported in : [2005]123CompCas60(Bom); (2005)3CompLJ221(Bom); [2005]60SCL297(Bom)

..... purpose of any provision of this act, an 'officer who is in default' ..... the officers of the company were to be held responsible for contravention and infringement of the income-tax act or foreign exchange control act, can a company by putting a proposal before the court under section 391 seek the protection of the court under sub-section (6) of section 391 and stay the pending prosecutions or prevent the authorities under the income-tax act or the enforcement directorate from launching prosecutions again, section 5 of the companies act, 1956, provides that for the ..... that the ambit of the term 'proceeding' in section 391(6) of the companies act, 1956, does not include within its scope criminal proceedings against the company and its directors. ..... supra) requires no reconsideration and is in conformity with the provision of chapter v of the companies act. ..... in the context of sections 442 and 446 of the companies act, i have considered chapter v wherein the expressions 'suit' or 'other legal proceedings' have been included including the expression 'legal proceedings' in .....

In Re: Scheme of Compromise/Arrangement Between Sharp Industries Limit ...

Court : Mumbai

Reported in : II(2005)BC373; 2005(1)BomCR13

..... of any provision of this act, an 'officer who is in default' shall be liable ..... again, if the officers of the company were to be held responsible for contravention and infringement of the income-tax act or foreign exchange control act, can a company by putting a proposal before the court under section 391 seek the protection of the court under sub-section (6) of section 391 and stay the pending proceedings or prevent the authorities under the income-tax act or the enforcement directorate from launching prosecutions again, section 5 of the companies act, 1956, provides that for the purpose ..... (supra) requires no reconsideration and is in confirmity with the provision of chapter v of the companies act. ..... i had occasion to consider expression 'suit' or 'other legal proceedings', in the context of section 442 and 446 of the companies act, i have considered chapter v wherein expression 'suit' or 'other legal proceedings' have been included including the expression 'legal proceedings' in section 391(6). .....

In Re: Amalgamation of Shaily Engineering Plastics Limited and ors.

Court : Mumbai

Reported in : 2003(1)ALLMR668; 2003(2)BomCR514; 2003(2)MhLj22

..... he has also recorded that the transferee company shall apply to the regional director for change of name and the registrar of companies shall consider the application under the companies act, 1956. ..... 5 with registrar of companies along with central government, being for increase of authorised share capital of the transferee company in terms of section 97 of the companies act, 1956. ..... , seeks sanction of the scheme of amalgamation under section 391 and 394 of the companies act, 1956 with the transferor companies. ..... increase of capital or members within thirty days after the passing of the resolution authorising the increase; and the registrar shall record the increase and also make any alterations which may be necessary in the company's memorandum or articles or both; (2) the notice to be given as aforesaid shall include particulars of the classes of shares affected and the conditions, if any, subject to which the new shares have been or are to be issued; (3) if default is made in complying ..... there is absolutely nothing in section 391 to 394 or thereafter in the chapter which carves out an exception to compliance of section 97 of the act. .....

Peter J.R. Prabhu Vs. Asst. Commissioner of Commercial Taxes and ors.

Court : Karnataka

Reported in : [2001]105CompCas247(Kar); ILR2001KAR1045

..... ajanta sea foods private limited ('company', for short), is a company incorporated under the companies act, 1956. ..... the tax authorities ('revenue', for short) furnished this address on the footing that for the arrears of sales tax due from the company, its directors are also personally liable, and, as such, the fine levy warrant could be executed and the arrears of tax due may be recovered from them personally by means of attachment and sale of moveables found in the said ..... , learned high court government pleader, is that since the fine levied for the offence under section 29 of the act thus is recoverable from an individual director where such director is found liable in the circumstances narrated under section 31a of the act, then, the amount recoverable under section 13(3)(b) of the act should be held no different from the fine so levied under section 29 of the act, for the reason that even the said amount recoverable under section 13(3)(b) of the ..... of any move-able property belonging to the dealer, or whenever any court issues warrant under section 421(1)(a) of the criminal procedure code for recovery of fine, the said magistrate/court must bear in mind rule 3 of chapter ix of the karnataka criminal rules of practice, 1968 made by the high court of karnataka in exercise of the power conferred by article 227 of the constitution. ..... rule 38-n occurring in the said chapter v-b is of significance in this regard. .....