Judgment Search Results Home > Cases Phrase: companies act 1956 section 424k misfeasance proceedings Court: andhra pradesh Page 1 of about 714 results (0.127 seconds)

In Re: Deepika Chit Fund (P) Ltd. and ors.

Court : Andhra Pradesh

Reported in : 2004(3)ALD879; 2004(5)ALT155; (2005)3CompLJ51(AP); [2004]56SCL566(AP)

..... employees, 2000 (1) clj 351, it was held by various high courts that the proviso appended to sub-section (2) of section 391 of the companies act, 1956 is mandatory. the proviso appended to sub-section (2) of section 391 of the companies act, being mandatory in nature, it is incumbent upon this court to satisfy itself about the financial soundness of the ..... the assistance of the board of directors. therefore, having regard to power of this court in terms of the proviso to sub-section (1) of section 391 of the companies act, 1956 while directing the continuance of the committee of commissioners, namely sri a. venku reddy, retired district judge and sri. m.v. durga prasad, a ..... mentioned that though a large number of provisions of the companies act, 1956 are in pari materia with the provisions of companies act, 1948 of the u.k. (u.k. act for short), there is no provision analogous to section 392 in the u.k. act. the court under the u.k. act has no power to modify the scheme either at the .....

income-tax Officer, B-ward Vs. Official Liquidator

Court : Andhra Pradesh

Reported in : [1976]46CompCas46(AP); [1975]101ITR470(AP)

..... the official liquidator by his order dated november 6, 1973, admitted the claim but declined to treat it as a preferential claim. relying upon section 530 of the companies act, 1956, he held that the preferential claim is restricted to the amount due and payable within twelve months next before the date of the winding-up ..... to the winding-up order, the preferential claim was rejected.4. now, under section 530(1)(a) of the companies act, 1956 (hereinafter called 'the companies act'), the government is entitled to priority in respect of arrears of tax owing by a company in liquidation but priority is confined to tax which had become due and payable within ..... to think that the remedy for this unsatisfactory situation is not the conferment of preferential rights without limit to the income-tax authorities under section 230 of the indian companies act, 1913, but the energetic completion of assessment proceedings and vigorous measures for the collection of the assessed taxes.'6. it is because of .....

Reliance Infocomm Ltd. Rep. by Its Authorised Signatory and anr. Vs. S ...

Court : Andhra Pradesh

Reported in : [2008]142CompCas170(AP)

..... of the court. while section 446(1) of the companies act, 1956 is similar to section 171 of the companies act, 1913, sections 528 and 529 of the companies act, 1956 are in pari-materia with sections 228 and 229 of the companies act, 1913. it is useful, therefore, to read sections 171, 228 and 229 of the companies act, 1913 in juxta-position with sections 446(1), 528 and 529 of the companies act, 1956:companies act, 1913 companies act, 1956 section 171:when a winding ..... the presentation of the petition on which it is made.17. as they are similarly worded, sections 28(7) of the provincial insolvency act, 1920, may usefully be read in juxta- position with section 168 of the companies act, 1913 and section 441(2) of the companies act, 1956. provincial insolvency act, 1920companies act, 1913 companies act, 1956 section 28(7): an order of adjudication shall relate back to and take effect from, the date .....

M. Kishan Rao and ors. Vs. Mrs. P. Santha Reddy and anr. (No. 1)

Court : Andhra Pradesh

Reported in : 2000(2)ALD(Cri)212; [2001]40CLA126(AP); [2002]111CompCas361(AP); 2001CriLJ2729

..... or vote in the board proceedings under section 300 of the companies act, 1956. thus, it is alleged that the provisions of sections 299 and 300 of the companies act, 1956, have been violated by accused no. 4-company. hence, a-1 to a-4 committed offences punishable under the relevant provisions of the companies act.10. the proceedings in this complaint which ..... interested in the said contract either directly or indirectly which makes them ineligible to participate or vote in the board proceedings under section 300 of the companies act, 1956' does not detract from the substantive allegation that the accused nos. 1 to 3 being the managing director and directors respectively of a-4 ..... taken on file on a complaint filed by the first respondent herein in which the petitioners herein face prosecution for offences punishable under sections 299(4) and 304 of the companies act, 1956 and under section 409 of the indian penal code, 1860. besides, accused no. 1 also faces a charge for an offence under .....

M. Kishan Rao and ors. Vs. Mrs. P. Santha Reddy and anr. (No. 2)

Court : Andhra Pradesh

Reported in : [2002]111CompCas373(AP)

..... . 1 herein is the complainant in the said cc, which was taken on file by the learned special judge for the offences under section 409 of the indian penal code, 1860 and sections 299, 300 and 629a of the companies act, 1956,2. the parties shall be referred to as arrayed in the complaint.3. the complaint in support of his petition for issuance of ..... affidavit that in order to prove the said offence of contravention of offences under sections 299 and 300 of the companies act, it is necessary to show that there was no resolution as required under the companies act, 1956, which constitute an offence. for this purpose, the minutes books of accused no. 4-company for the period november, 1992, to december, 1996, are necessary. similarly, it is .....

A.P. State Financial Corpn. Vs. the Official Liquidator, High Court of ...

Court : Andhra Pradesh

Reported in : AIR1995AP302

..... the question at a time when the companies act 1913 was in force. the companies act, 1913 did not have any provision equivalent to the amended section 529 or section 529a of the companies act, 1956. hence, the impact of these provisions of section 537 of the companies act, 1956 which is similar to section 232 of the companies act, 1913, could not have been ..... has held that the option of a state financial corporation, as a secured creditor of a company, to remain outside the winding up of the company was not affected by the insertion of section 529a of the companies act, 1956. despite the fact that winding up had commenced, the financial corporation having taken possession of ..... m/s. priya chemicals limited, hyderabad filed c.p. no. 20 of 1990 seeking winding up of the borrower company under sections 433(1) and 439(1)(b) of the companies act, 1956. the company which was sought to be wound up approcahed the board of industrial and financial reconstruction under the provisions of sick industrial .....

T. Rajive and ors. and Official Liquidator, High Court of Andhra Prade ...

Court : Andhra Pradesh

Reported in : [2001]105CompCas350(AP)

..... made the following legal submissions :firstly, that the state financial corporation could not have sold away the assets of the company now in liquidation without the leave of this court in view of the provision under section 446 of the companies act, 1956, read with section 441(2). secondly, it is submitted by learned counsel that the state financial corporation did not follow the procedural safeguard ..... as contemplated under the state financial corporations act, 1951, as interpreted by this court and the supreme court and consequentially the sale .....

Corromandal Pharmaceuticals Limited Vs. Deputy Commercial Tax Officer ...

Court : Andhra Pradesh

Reported in : [1996]87CompCas92(AP)

..... the petitioner is under implementation. therefore, there can be no doubt that the interdicts of sub-section (1) of section 22 are attracted to the petitioner - they have to be given effect notwithstanding anything contained in the companies act, 1956 or any other law, and that includes the apgst act. therefore no proceedings for execution, distress or the like against any of the properties of the ..... a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then notwithstanding anything contained in the companies act, 1956 (1 of 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 .....

Lakdey Ashok Vs. Government of A.P. Rep. by Its Principal Secretary (R ...

Court : Andhra Pradesh

Reported in : 2009(6)ALT677

..... of the opinion that since the interim order of stay did not specifically extend to the stay of conviction for the purpose of avoiding the disqualification under section 267 of the companies act, there is no substance in the appeal and the appeal is, therefore, dismissed....(emphasis is brought out)to my mind, narang's case (supra ..... considerations would flow if an order is sought from the appellate court for staying the operation of the disqualification that would result on the application of section 267 of the companies act.18.... we are afraid the appellant did not approach the delhi high court with clean hands if the intention of obtaining the stay was to ..... in obtaining the interim stay without drawing the pointed attention of the delhi high court that stay of conviction was essential to avoid the disqualification under section 267 of the companies act. if such a precise request was made to the court pointing out the consequences likely to fall on the continuance of the conviction order, .....

Axis Bank Limited Vs. Naturol Bioenergy Limited

Court : Andhra Pradesh

..... to amalgamate or merge their business operations; there was no inconsistency between the provisions of section 32 of sica and the provisions of section 391 and 394 of the companies act; the court had, therefore, ample power and jurisdiction to sanction the scheme under section 391 and 394 of the companies act, 1956 despite the fact that a reference was pending before the bifr. 12. in re: sharp ..... does not bar the jurisdiction of the company court to sanction a scheme of arrangement, including amalgamation, under sections 391 to 394 of the companies act. in national organic chemical industries ltdsupra, a learned single judge of the bombay high court held that section 22 of sica did not contemplate proceedings under sections 391 to 394 of the companies act, 1956; likewise section 26 of sica had no application as .....