Court : Kolkata
Reported in : [1985]58CompCas672(Cal),88CWN850
..... and the default alleged is the non-compliance with the provisions of sections 159 and 162 of the companies act, 1956, the other proceedings were commenced for non-compliance of section 220(1) of the companies act.2. in this writ petition, the petitioner prays for quashing of the ..... proceedings and canvasses in support of the application, only the bar of limitation.3. before adverting to the question of limitation, the relevant provisions of the companies act should be considered. section 159 of the companies act provides that every company ..... fulfilment of a continuing obligation or continuing of business without filing of such returns becomes a continuing offence. when section 162 of the companies act prescribed the penalty of fine which may extend to fifty rupees for every day during which the default continues .....
Tag this Judgment!Court : Kolkata
Reported in : [1987]165ITR264(Cal)
..... order of assessment and grant of a refund of rs. 18,17,291-83.8. respondent no. 3 disposed of the applications made by the petitioner-company under section 237 of the act filed on march 31, 1969, and on april 19, 1969, and held that as the refund claimed by the petitioner arose only because of lower rate ..... application succeeds. the order dated may 5, 1976, passed by respondent no. 1 is set aside. it is on record that the petitioner-company has made an application under section 154 of the said act for rectification of the assessment to enable the income-tax officer to grant the necessary refund. the income-tax officer concerned is directed to rectify ..... finding of the income-tax officer was affirmed by the appellate assistant commissioner on appeal. thus the said company is not a company as is referred to in section 108 of the said act. in other words, the said company is a closely held company. thus, the first condition of paragraph d for rebate has been satisfied in this case. the second .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal493,[1960]30CompCas172(Cal),63CWN889
..... nath mandal and biswanath mandal. the application is made under two specific sections which are described as sections 433 and 560 of the companies act, 1956. section 433 deals with the circumstances in which the company could be wound up by the court. section 560 deals with the power of the registrar to strike a defunct company off the register and the court's power either to restore the ..... company or to wind up the company thereafter. 2. the applicant biswanath mandal has no .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal387,[1953]23CompCas81(Cal),57CWN136
..... petition was on 20-11-1951 and although today it is august, 1952.8. on the question of the service of the statutory notice of demand under section 163, companies act, the traverse by this deponent is most curious. what he says in affidavit-in-opposition is to be found in para. 20 and the only illumination ..... unhesitatingly accept in this context the evidence given by narendra nath palit.9. it is necessary to refer at this stage also to the language of section 163(1)(i), companies act which requires such demand notice to be 'delivered by registered post or otherwise at its registered office'. the best evidence available on behalf of the petitioning ..... and that it has remained unsatisfied. that obviously brings this case within the clear provision of section 163(1)(ii), companies act. then again there is in this case the statutory demand notice as required under section 163(1)(i), companies act. the company must therefore be deemed to be unable to pay its debts under the statute. the language .....
Tag this Judgment!Court : Kolkata
Reported in : [1984]55CompCas160(Cal)
..... divided into 22,500 shares of rs. 20 each, and the subscribed capital was rs. 49,689. the petitioner in the original application under section 397 of the companies act, 1956, was holding about 49 percent, shares and was the largest single shareholder.2. there were three grounds of challenge in the application. one was ..... alia, stated in the letter as to whether any special resolution had been passed for shifting the registered office of the company incompliance with section 146 of the companies act, 1956. on 20th march, 1978, the appellant-company forwarded a memorandum and articles of association as also balance-sheets for the years 1972 and 1976. on the same day ..... allottees of the new shares to the members in the annual general meeting, who were authorised to allot shares by the special resolution under section 81(1a)(a) of the companies act, 1956, and in particular the expression 'to any persons' as also the expression ' in any manner whatsoever ' must be particularised in the notice .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)1CALLT191(HC),1997(2)CHN364,[1999]97CompCas698(Cal)
..... the suit. arun kumar durgaprasad filed the suit and obtained the injunction from the civil court even before the prosecution was launched by the company under section 630 of the companies act. a decision of civil court is binding on criminal court and converse is not true. the revisionists are claiming through arunkumar durgaprasad by reason ..... to'.47. in : air1996sc339 , v.m. shah v. state of maharashtra, cited on behalf of both the parties, the accused was convicted under section 630 of companies act for wrongful withholding of property on the basis of findings recorded by criminal court. subsequently, the civil court after full dressed trial recorded the finding in the ..... . the dispute involved in the criminal prosecution is within the jurisdiction of the civil court and falls outside the ambit of the inquiry under section 630 of the companies act. if both the criminal proceeding and the civil suit are allowed to run parallel, there would be likelihood of conflicting decisions by the civil .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal127,[1962]32CompCas207(Cal),66CWN63
..... argument must, in my view, fail on the simple ground that this cannot be an act of oppression within the meaning of section 897 of the companies act. the words of section 397 of the companies act material for this purpose are.--'the affairs of the company are being conducted in a manner oppressive to any member or members.' one singly and ..... the appellant that the explanatory statement of item 6 in the agenda of the annual general meeting of the company does not satisfy the requirements of section 173(2) of the companies act. the argument briefly is that this section is mandatory by reason of the provision,--'there shall be annexed to the notice of the meeting a ..... complaint, was to be a ground for this court taking action under section 397 of the companies act, then no company will be safe in this country. this cannot be a ground of oppression of any member of the company within the meaning of section 397 of the companies act,12. it is then argued that the board of directors controlled .....
Tag this Judgment!Court : Kolkata
Reported in : [1984]56CompCas222(Cal),87CWN1038
..... given exemption from filing returns due to circumstances beyond their control on account of the indo-pak war, that the company is also entitled to exemption for subsequent periods as well, that the company is also entitled to relief under section 633 of the companies act, 1956, and that the prosecution in each case is barred by limitation.3. the first point taken by mr. chakraborti ..... chakrabarti, j. 1. these revision cases arise out of as many cases under section 159/162(1) of the companies act, 1956, on the complaints made by the assistant registrar of companies, west bengal, alleging violation of the provisions of section 159 of the act. the petitioner company and some of its officers obtained the present rules for quashing the prosecutions pendingagainst them in different courts of the metropolitan .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]50CompCas250(Cal),84CWN463
..... of the complaint both on facts and in law. after hearing the parties on the said application, the learned chief metropolitan magistrate held that section 269(2) of the companies act, 1956, did not create any offence and that the cognisance was barred by limitation. 6. the first question that falls for determination in this rule ..... director for the first time on september 24, 1973, after the commencement of the companies (amendment) act, 1960, in the meeting of the company held on that day. according to the complaint, in terms of section 269(2) of the companies act, 1956, the re-appointment of a person as a whole-time director for the first time ..... month. 3. the further allegation in the complaint is that the books of account of the company were inspected by an officer authorised by the central government under section 209(4) of the companies act, 1956, as it stood before the companies (amendment) act, 1974, came into force and duringthe course of the said inspection it was noticed that .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]49CompCas909(Cal),1979CriLJ61,83CWN108
..... principles laid down in that case i may advert to the relevant sections of the companies act. section 162 of the companies act provides that if a company fails to comply with any of the provisions contained in sections 159, 160 and 161 the company and every officer of the company who is in default shall be punished with fine which may extend ..... annual return by that day. it was sought to be argued before me on the analogy of the mines act that the dead line for submitting return under the companies act is given under section 159 of the companies act and if the return is not furnished by the date fixed therein the offence is completed and, therefore, ..... it has been argued that the offence under section 162 of the companies act is not a continuing offence. it must be observed that the language of section 162 of the companies act is quite different from that of section 488(2) of the calcutta municipal act, 1923. in the latter act, sub-section (2) of section 488 reads as follows :' whoever, after .....
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