Judgment Search Results Home > Cases Phrase: companies act 1956 section 191 resolutions passed at adjourned meetings Page 4 of about 2,212 results (0.350 seconds)

Prem Kumar Aggarwal vs.serious Fraud Investigation Office

Court : Delhi

..... asj/special judge (companies act) had taken cognizance of the offences mentioned in the said complaint and directed issuance of summons for the offences under section 128, 129, 447, 448 of the companies act, 2013, section 209, 211 read with 628 of the companies act, 1956, and section 467, 468, 471 read with section 120-b ipc. ..... asj/special judge (companies act), dwarka courts, new delhi for offences under section 36(c), 89,90,128,129, 229, 447, 448 of the companies act, 2013, sections 209, 211 read with 628 of the companies act, 1956, and sections 409,467,468,471 read with 120-b of the indian penal code, 1860.2. ..... has been filed against the petitioner for the offences punishable under section 128, 129, 447, 448 of the companies act, 2013, section 209, 211 read with 628 of the companies act, 1956, and section 467, 468, 471 read with section 120-b ipc. ld. ..... above, the offences alleged in the said complaint against the petitioner are under section 128, 129, 447, 448 of the companies act, 2013, section 209, 211 read with 628 of the companies act, 1956, and section 467, 468, 471 read with section 120-b ipc. ..... counsel that twin conditions for grant of bail described under section 212(6) of the companies act, 2013 are not applicable for the purpose of adjudication of the anticipatory ..... asj/special judge (companies act) was of the opinion that petitioner was deliberately evading his appearance, ..... for sfio and perusal of report on summon can pass the appropriate order in accordance with law. .....

Brahmayya and Co. Official Liquidators, Hanuman Bank Ltd. (In Liquidat ...

Court : Chennai

Reported in : AIR1966Mad247

..... 543 of the companies act, 1956, which specifically refer to breach of trust and provide a period of limitation. ..... 543 of the companies act of 1956), is copied from s. ..... 543 of the companies act of 1956 is followed by any such explanation. ..... 543(3) of the companies act, 1956 and s. ..... 647(11) of the companies act of 1956. ..... 235 of the companies act of 1913 and the correspond-section 532 (sic) of the present companies act it has been held in the above decision in : (1958)2mlj167 and in the decisions of other high courts that they cannot be continued against the representatives of a director or other officer against whom they were initiated in case he ..... 2826 of 1950 under section 235 of the companies act of 1913, against the directors, auditor and officers of the company to make good or contribute the amounts claimed in that application in respect of acts of misfeasance, misapplication and breach of trust. ..... the learned advocate for the applicants relied on the resolution dated 19-8-1946 about the formation of a committee consisting of the president, managing director, manager and one other director to sanction loans and referred to several letters written by one of the directors sadasiva mudaliar, and the ..... the fact that a director was not present at all the meetings in which unauthorised investments were sanctioned was held to be no defence. ..... , tanjore was wound up on a creditor's petition dated 26-7-1947 by an order passed by this court on 5-11-1947. .....

Gill and Co. (P.) Ltd. Vs. Shri Madhav Mills Ltd.

Court : Mumbai

Reported in : (1970)72BOMLR679

..... referred to as 'the company'), under section 478 of the companies act, 1956. ..... under section 478 of the companies act and section 45g of the banking companies act had no concern with proceedings under section 545 of the companies act and section 45j of the banking companies act, and a prayer for action under the latter two sections could not amount to an accusation under article 20(3) for the purpose of orders for public examination under the said section 478 ..... in the affidavit in support of the misfeasance summons is to state that he is 'informed', or to point out facts from which it 'appears', that certain offences have been committed by the directors of the company, so as to bring the case within section 543 of the companies act, but the same did not contain any formal accusations against the directors, or against a particular director as such.8. ..... in so holding, the supreme court laid down that unless it was shown that the person ordered to be publicly examined under section 45g was, before or at the time when the order for examining him publicly was passed, an accused person, article 20(3) would not apply, and that if a person who was not accused of any offence was compelled to give evidence' and that evidence ultimately led to ..... objections have nothing to do with inspection of the record for which adjournments were applied for by the said mundhra from time to time. ..... i granted that application, and thereafter further adjournments were taken from time to time, ostensibly also for .....

Rama Narang Vs. Ramesh Narang and ors.

Court : Supreme Court of India

Reported in : [1995]83CompCas194(SC); JT1995(1)SC515; 1995(1)SCALE276; (1995)2SCC513; [1995]1SCR456

..... meeting was held on 13th july, 1992 j3 at which several resolutions were passed including the one declaring that the appellant had ceased to be the managing director and director of the company in view of the provisions of section 267 of the companies act. ..... even assuming it to be so, in our judgment, the delhi high court had no power to suspend the order of conviction.that is because according to the division bench the consequences flowing from the provisions of section 267 of the companies act do not depend upon the passing of the order by the appellate court since the right to hold the post of managing director comes to an end by the thrust of the statute the moment the order of conviction is recorded. ..... that the principal question which falls for our determination is whether the appellant is liable to be visited with the consequence of section 267 of the companies act notwithstanding the interim order passed by the delhi high court while admitting the appellant's appeal against his conviction and sentence by the additional sessions judge, delhi. ..... if the delhi high court had 'consciously' passed an order even in purported exercise of power under section 389(1) of the code granting stay of the order of conviction so as not to result in the disqualification envisaged by section 267 of the companies act, it would not be open to the bombay high court in collateral civil proceedings to overlook it on the ground that the scope of section 389(1) of the code did not extend to granting .....

Karnataka Bank Ltd. Vs. A.B. Datar and Others

Court : Karnataka

Reported in : [1994]79CompCas417(Kar); 1993(2)KarLJ230

..... as 'the bank'), under section 190 of the companies act, 1956, of the intention to move three resolutions as ordinary resolutions under section 284 of the companies act, 1956 (hereinafter referred to as 'the act of 1956'), at the sixty-either annual general meeting of the bank to ..... , mangalore, and had obtained an interim injunction to consider the notice dated october 3, 1992, issued by him and to allow him to move the resolutions mentioned in the said notice at the sixty-eighth annual general meeting to be held on october 29, 1992, or consider the same in the adjourned meeting if the annual general meeting to be held on october 29, 1992, or consider the same in the adjourned meeting if the annual general meeting is not held on october 29, 1992. ..... bank had to comply with the provisions of sections 165 to 167, 169, 171 to 191 and 193 of the act in the calling and conduct of meetings and under article 28 subject to the provisions of section 188 of the companies act, members' resolutions shall be circulated to the members of the bank entitled to receive notice of the next annual general meeting and in view of the express provisions contained in the companies act in sections 188 and 190, it was contended that ..... on the basis of the above, learned counsel for the appellant in the two appeals submitted that the trial court was in error in passing three different orders in three different suits when the grounds made out in the plaints and the applications for interim orders in all the suits .....

Industrial Dev.bank Of India Through Stressed Assets Stabilisation Fun ...

Court : Supreme Court of India

..... of 38 penalty, interest or any other sum payable by an assessee or any other person under this act, shall, save as otherwise provided in section 529-a of the companies act, 1956 (1 of 1956), the recovery of debts due to banks and the financial institutions act, 1993 (51 of 1993), the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002 and the insolvency and bankruptcy code, 2016 be the first charge on the property of the ..... (i) in the case of a company ordered to be wound up compulsorily, the date of the appointment (or first appointment) of a provisional liquidator, or if no such appointment was made, the date of the winding up order, unless in either case the company had commenced to be wound up voluntarily before that date; and (ii) in any case where sub-clause (i) does not apply, the date of the passing of the resolution for the voluntary winding up of the ..... among themselves and be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportions; and (b) so far as the assets of the company available for payment of general creditors are insufficient to meet them, have priority over the claims of holders of debentures under any floating charge created by the company, and be paid accordingly out of any property comprised in or subject ..... 15th september 20007 and 10th october 20008 were passed confirming levy of customs duty of rs.3,27,22,191/- and rs.10,48,29,017/-, respectively. .....

Insolvency And Bankruptcy Board Of India Vs. Satyanarayan Bankatlal Ma ...

Court : Supreme Court of India

..... , it will also be necessary to refer to section 435 of the companies act, 2013, as it was originally enacted; section 435 after the amendment in 2015 by the companies (amendment) act, 2015, which came into effect from 29th may 2015 (hereinafter referred to as the 2015 13 amendment ); and section 435 as it existed after the amendment by the companies (amendment) act, 2017 with effect from 7th may 2018 (hereinafter referred to as the 2018 amendment ), which reads thus: section 435 (originally enacted) 435. ..... mills private limited (hereinafter referred to as the corporate debtor ) filed a petition on 4th september 2017 under section 10 of the code for initiation of the corporate insolvency resolution process (hereinafter referred to as cirp ) of itself vide cp/1362/i&bc/nclt/mb/mah/2017. ..... factual background1 this appeal challenges the judgement and order dated 14th february 2022, passed by the learned single judge of the high court of judicature at bombay in writ petition no.2592 of 2021, thereby allowing the petition filed by satyanarayan bankatlal malu and ramesh satyanarayan malu, the ex-directors ..... however, the said enactment suffered an amendment in the year 1956 and specifically excluded vehicles of special type adapted for use only in a factory or in any other ..... the taxation act is a regulatory measure imposing compensatory taxes for the purpose of raising revenue to meet the expenditure for making roads, maintaining them and for facilitating the movement and regulation .....

Bombay Tyres International Ltd. Vs. Deputy Commissioner of Income-tax.

Court : Mumbai

Reported in : [1994]51ITD339(Mum)

..... method in accordance with section 205(2) (a) of the companies act, 1956 and in respect of cost of fixed assets, acquired on or after that date on straight line method in accordance with section 205(2) (b) of the said act.the company has now changed its policy of providing for depreciation to w. ..... switch back to the old system of providing depreciation nor the present changeover was effected so as to avoid tax liability under section 115j.in view of the above, it was contended by the ..... profit & loss account is not drawn up in accordance with the provisions of the companies act.in this connection, he has also clarified that the assessee-company had switched over to straight line method of depreciation in assessment year 1991-92 so that that the company could have sufficient profits for distribution of dividends, in order to meet the long-standing demand of the shareholders of the company and when the present changeover was effected, it had not planned or anticipated to ..... the chairmen and vice-chairman was given on 2nd may 1989 by technical experts and the extract of the minutes of the meeting of the board of directors dated 26th june 1989 approved the change in the process of providing depreciation. .....

Official Liquidator Vs. Krishna Kamath and ors.

Court : Kerala

Reported in : AIR1959Ker388

..... some facts which entitle the court to find that there is a prima facie case against the particular person named for examination).it was only in 1956 that the indian legislature (following the english companies act of 1948) resolved the ambiguity in section 196 of the indian companies act, 1913 by providing in section 478(1) of the companies act, 1956 that when the liquidator has reported that a fraud has been committed by a person the court may require that person to attend and be publicly ..... examined, thus making it clear that it is only the individual persons incriminated that the court has jurisdiction to so examine section 45g of the banking companies act was enacted earlier on the model of the companies act then in force, and no argument based on the difference in language between that section and section 478(1) of the companies act, 1956, the 'any person' of the former, arid the 'that person' of the latter, is available.on the ether hand the proviso to sub ..... on the contrary what was emphasized was that the defective report of the receiver in that case, which was however held to meet the bare requirements of the law, was not to be regarded as a precedent for future reports). .....

Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma Vs. Uni ...

Court : Supreme Court of India

..... 4.7 it is submitted that the challenge has been made on the ground of article 14 of the constitution of india by comparing section 53 of the ibc with the provisions of erstwhile companies act, 1956 and existing companies act, 2013 to state that workmen are at a disadvantageous position on the basis: (i) workmen s portion in the security writ petition (c) no.421 of 2019 page 24 of 74 held by secured creditor has been done away ..... (1) if the adjudicating authority is satisfied that the resolution plan as approved by the committee of creditors under sub- section (4) of section 30 meets the requirements as referred to in sub-section (2) of section 30, it shall by order approve the resolution plan which shall be binding on the corporate debtor and its employees, members, creditors, including the central government, any state government or any local authority to whom a debt ..... issue an appropriate writ in the nature of mandamus by giving a purposive interpretation to section 53 of the ibc and pass necessary directions which will enable the petitioners to get their dues of 24 months released ..... the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owed, guarantors and other stakeholders involved in the resolution plan: provided that the adjudicating authority shall, before passing an order for approval of resolution plan under this sub-section, satisfy that the resolution plan has provisions for its effective implementation. .....