Court : Kolkata
..... no.2 for obtaining possession of the said property. mr.bose submitted that it is well settled principle of law that a proceeding under section 446 or section 535 of the companies act, 1956 adjudicating the right of the owner of a property for recovery of possession of the property from the official liquidator is due process of law ..... of the said property. on september 20, 2014 the respondent no.2 filed an application, being c.a.no.587 of 2014 under section 634 of the companies act, 1956, before the company judge praying for an order directing the official liquidator, to hand over vacant possession of the said property to them and with police assistance ..... .mookherjee submitted that the right of the appellant to prefer an appeal against the said order dated may 14, 2013 is a statutory right under section 483 of the companies act, 1956 and there cannot be any estoppel when statutory rights and liabilities are involved. in support of such contention, he placed reliance on the decision of .....
Tag this Judgment!Court : Kolkata
..... no.2 for obtaining possession of the said property. mr.bose submitted that it is well settled principle of law that a proceeding under section 446 or section 535 of the companies act, 1956 adjudicating the right of the owner of a property for recovery of possession of the property from the official liquidator is due process of law ..... of the said property. on september 20, 2014 the respondent no.2 filed an application, being c.a.no.587 of 2014 under section 634 of the companies act, 1956, before the company judge praying for an order directing the official liquidator, to hand over vacant possession of the said property to them and with police assistance ..... .mookherjee submitted that the right of the appellant to prefer an appeal against the said order dated may 14, 2013 is a statutory right under section 483 of the companies act, 1956 and there cannot be any estoppel when statutory rights and liabilities are involved. in support of such contention, he placed reliance on the decision of .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)3CALLT120(HC),2005(4)CHN92,[2006]132CompCas675(Cal),[2006]65SCL252(Cal)
..... of the code of criminal procedure the petitioners have sought quashing of the proceedings in case no. c/4132/2001 under section 217(5) of the companies act, 1956 (in short the act) pending before the learned metropolitan magistrate 10th court, calcutta.2. the facts anterior to filing of the instant application, may ..... briefly be narrated thus.3. m/s. east india pharmaceuticals works limited (hereinafter referred to as the company) was incorporated under the indian companies act, 1913 on ..... the inspection report was submitted the regional director (eastern region) advised the complainant to issue notice to show cause to the company for contravention of section 217(2a) of the act and accordingly a showcause notice was issued on 16th june, 2000 and the reply was submitted by the petitioners to that showcause .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]48CompCas599(Cal)
..... suit until it was defended and thereafter as an undefended suit. the petitioning-creditor by a notice dated may 26, 1973, under section 434 of the companies act, 1956, through his solicitor demanded the payment of the said decretal amount together with interest and costs thereon as provided in the said decree. the ..... he has no right to file the winding-up petition. according to his interpretation of section 434 of the companies. act, 1956, whenever there is a decree, it must come under section 434(1)(b) of the companies act, 1956, and in the ..... winding up is not maintainable in view of the provisions of section 434 of the companies act, 1956, as the petitioner should have proceeded by way of execution of the decree and then and then only he could have come under section 434(1)(b) of the companies act, 1956. in short, his submission is that without executing the decree .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal399,54CWN70
..... a, companies act. in section 115 which is the section in the companies act of 1929 in england corresponding to section 79 of the indian act, there is no provision similar to the provision in section 79, companies act. the intention of the legislature in the case of meeting of shareholders was that it must ..... mortgage society (great britain) ltd. (1942) 1 all e. rule 414: (1942 ch. 274).14. it appears, however, that the rule is one of general application. in section 79, companies act, it is provided that a meeting of shareholders cannot be attended by a proxy holder who himself is not a shareholder. a similar rule appears in article 65 of table ..... ordersinha, j.1. this is an application for sanction of a scheme of arrangement under section 153, companies act. the company was incorporated in the year 1921 with an authorised capital of rs. 20,00,000 divided into 80,000 shares of rs. 25 each. the authorised capital is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal50
..... inasmuch as i am of the opinion that an application for delivery of shares under section 113 of the companies act, 1956 does not lie. for that the companies act, 1956 provides for no special remedy. a suit has to be filed for that.section 113 of the companies act reads as follows :-- '(1) every company , shall, within three months after the allotment of any of its shares, debentures or debenturestock ..... 28,500 equity shares of rupees 10/- each and delivery thereof to the applicant. this application has been made, on a judge's summons dated 8th october, 1969 under section 113 of the companies act, 1956.2. in this application surajmal nagarmal, a partnership firm was given liberty to intervene. the said firm has also filed affidavit. there is no dispute before me that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal75
..... promissory notes, hundies or bills of exchange. .....' 11. these articles in my view, are in no way in conflict with or repugnant to section 292(1) of the companies act. section 292(1) of the companies act deals with certain powers to be exercised by the board only at a meeting and lays down inter alia :'the board of directors of accompanyshall ..... that power to borrow. the first error of the full bench of the small causes court was, therefore, to hold that these articles are repugnant to section 292(1) of the companies act. if the articles had stated that the board of directors could exercise that power to borrow money without a resolution at a meeting of the board, ..... the minute book of the directors has not been proved by the plaintiff, there was nothing to show that this money was borrowed in accordance with section 292 of the companies act. on that finding the full bench of the small causes court came to the conclusion that naresh chandra mondal, the manager and director of the limited .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1948Cal42
..... to extend, the period within which returns and statements are to be made is contained in the proviso to section 131(1), companies act. section 131(1) provides that the directors of the company shall lay before the company at the general meeting a balance sheet and profit and loss account made up to a date not earlier than ..... date of the meeting by more than nine months as required by section 134, companies act, and that they as directors of the company knowingly and willfully authorized or permitted the company to make this default and that they thereby committed an offence punishable tinder section 134 (4), companies act.2. one witness was examined and a large number of documents ..... in default to undergo simple imprisonment for three months. the remaining three petitioners were found guilty on both charges, they were sentenced under section 134(4), companies act, each to pay a fine of rs. 100 and in default to undergo one month's simple imprisonment. no separate sentence was imposed under .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]60CompCas920(Cal)
..... the petition does not indicate the correct state of facts regarding this amount to be borrowed. the company has specifically stated:'item no. 4: section 293(1)(d) of the companies act, 1956, provides, inter alia, that except with the consent of the company in a general meeting, the board of directors shall not borrow moneys, if the moneys to be ..... borrowed, together with the moneys already borrowed by the company (apart from temporary loans, obtained from the company's bankers in ..... a full time director and/or he cannot draw remuneration as a full-time director which he did in violation of the provisions of section 309 read with section 269 of the companies act and the second ground is that why such a huge sum was required to be borrowed had not been fully explained in the explanatory .....
Tag this Judgment!Court : Kolkata
Reported in : 80CWN129,[1977]108ITR457(Cal)
..... judges of the patna high court, section 211 of the indian companies act was in force and their lordships' attention was not ..... cited.20. unless the articles of association of a company otherwise provides its surplus assets must be distributed to the shareholders according to their rights and interests in the company in liquidation under section 211 of the indian companies act, 1913, and section 511 of the companies act, 1956. when the said case was decided by the learned ..... and the shareholders. irrespective of the decision of the shareholders the liquidator has to carry out his duties and obligations as laid down in the companies act. no consideration passes from the liquidator to the shareholder as in the case of a sale. nor can it be said that the liquidator .....
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