Judgment Search Results Home > Cases Phrase: companies act 1956 section 424k misfeasance proceedings Court: kolkata Page 16 of about 1,095 results (0.093 seconds)

Rameswar Tantia and anr. Vs. Mahabir Prosad Sureka

Court : Kolkata

Reported in : 1957CriLJ126

..... gobardhandas binani, the general secretary and the vice-president, respectively, of the marwari relief society which is a society incorporated under the indian companies act of 1913 were convicted under section 282 b of the indian companies act and sentenced each to pay a fine of rs. 25/- each or in default to simple imprisonment for a week,2. the ..... it was not a deposit made by the complainant so as to bring the society or any of its directors or officers within the mischief of section 282b of the indian companies act. the learned magistrate appears to have held that the complainant deposited the money in cash. of course he has not said so clearly because he ..... merely continued a policy which the society had been following long before their time. evidently there-tore, the society was disregarding the provisions of section 282 b of the indian companies act for a long time and the members of the executive committee of which the petitioners were two must have known that this was being done .....

Shri Kishan Rathi Vs. Mondal Brothers and Co. (Private) Ltd. and anr.

Court : Kolkata

Reported in : [1967]37CompCas256(Cal),70CWN164

..... briefly.5. according to the full bench, section 9 of the companies act, 1956, makes a certain clause in the articles of association of this defendant company repugnant to the companies act and, therefore, void to the extent of its repugnancy. section 9 of the act provides as follows :' save as otherwise expressly provided in the act:-- (a) the provisions of this act shall have effect notwithstanding anything to the contrary ..... contained in the memorandum or articles of a company, or .....

Murarka Paint and Varnish Works Ltd. Vs. Mohanlal Murarka and ors.

Court : Kolkata

Reported in : AIR1961Cal251,[1961]31CompCas301(Cal),65CWN32

..... a contract is contrary to regulation of the exercise of the powers of directors by the general meeting.21. counsel for the defendants contended that under section 284 of the companies act, the directors could be got rid of at a general meeting and therefore, if a general meeting were convened, it would appear whether the ..... shareholders would accept the acts of the directors. under section 284 of the companies act it is provided that a company may by ordinary resolution remove a director before the expiry of his period of office. a special notice is contemplated under ..... 1950 pc 81) contended that to allow a general meeting and to get rid of directors under section 284 of the companies act would be to allow by ordinary resolution what had to be done only after observing formalities contemplated in section 284. if is true that the directors can be removed in a general meeting but any proposed .....

Kalyan Kumar Mukherjee Vs. Institute of Company Secretaries of India a ...

Court : Kolkata

Reported in : [1987]42CompCas466(Cal)

..... of the directors of the india steamship co. ltd. passed a resolution appointing the petitioner as the assistant secretary of the company.10. the companies act, 1956, was amended in 1974 by the companies (amendment) act, 1974, and section 383a was introduced in the companies act which requires every company having a paid -up share capital of rs. 25 lakhs or more, to appoint a whole-time secretary and where ..... constrained to undertake the responsibilities and duties of the secretary of the company.6. in 1968, the government decided to promote a separate institution under section 25 of the companies act, 1956. accordingly, the institute of company secretaries of india was incorporated under the companies act, 1956, as a company limited by guarantee and licensed under section 25 of the companies act, 1956.7. the main object of the institute was to take over .....

Mahadeo Lal Agarwala and anr. Vs. the New Darjeeling Union Tea Co. Ltd ...

Court : Kolkata

Reported in : AIR1952Cal58,55CWN408

..... ' 47 cal 901, it was held by this court that the remedy of the transferee of a share is not limited to in application under section 38 indian companies act, but he has the right to bring a suit to get his name registered and where the case is a complicated one an action should be ..... requires consideration. it is urged that the only court having jurisdiction under the indian companies act can rectify the register of members and reliance is placed upon section 38, indian companies act. section 3, indian companies act provides that the court having jurisdiction under the act is the high court or the district court under a notification of the provincial government ..... mr. sen were considered. mr. satya priya ghose appealing for the first defendant relied upon the provisions of section 34 (3) of the indian companies act which provides that it shall not be lawful for the company to register a transfer of shares unless the instrument of transfer duly stamped and executed by the transferor and .....

Hindustan Development Corporation Vs. Modiluft Limited and ors.

Court : Kolkata

Reported in : 2005(4)CHN14,[2007]139CompCas122(Cal),2006(1)CTLJ356(Cal)

..... main orders as prayed for. since the sale of shares has already been concluded the only thing remains is to perfect the sale.55. the proceedings under sections 391(1) and 393 of the companies act, 1956 which was filed by the respondent no. 1 before the delhi high court was during the pendency of the appeal. the mere filing of such an application ..... govt.) general rules and forms.35. for the sake of convenience the relevant provisions are set out as under: 'section 108(id) of the companies act, 1956 reads as under:(id)-notwithstanding anything in sub-section (1a) or sub-section (ib) [or sub-section (1c)] where in the opinion of the central government it is necessary so to do to avoid hardship in any case, that government .....

Commissioner of Income-tax Vs. N. GuIn and Co. (P.) Ltd.

Court : Kolkata

Reported in : [1979]116ITR475(Cal)

..... section 349 of the companies act, no dividend could be declared out of capital gains. the aac considered the definition of dividend in ..... of the entire surplus including that arisen out of capital gains he passed an order under section 23a levying additional super-tax on the undistributed amount.5. being aggrieved, the assessee preferred an appeal to the aac, where it was contended that under section 205 of the companies act, 1956, dividend could be declared only out of profits. the expression 'net profit' being defined in .....

Mayank Kocher Vs. Company Law Board and ors.

Court : Kolkata

Reported in : 2008(1)CHN1089,[2008]143CompCas613(Cal),[2008]87SCL248(Cal)

..... whether an application for investigation under section 237 of the companies act, 1956, is an alternative to proceedings for oppression and mismanagement or rectification. such question clearly arises on the reading of the order of dismissal of the appellant's petition under section 237 of the act by the company law board.2. the appellant ..... sought an investigation into the affairs and conduct of the business of a company ..... mere fact that additional powers have been granted to members of a company under sections 214, 237 and 239 of the companies act does not mean that there is no such power conferred on the company law board under sections 397 and 398 of the companies act. hence, i am unable to accept the submission of mr. .....

Cit Vs. Ispat Industries Ltd.

Court : Kolkata

..... be filed before the roc who has a statutory obligation also to examine and be satisfied that the accounts of the company are maintained in accordance with the requirements of the companies act. sub-section (1a) of section 115j does not empower the assessing officer to embark upon a fresh enquiry in regard to the entries made in the ..... extent provided in the explanation. the use of the words 'in accordance with the provisions of parts ii and iii of sch. vi to the companies act' in section 115j was made for the limited purpose of empowering the assessing officer to rely upon the authentic statement of accounts of the ..... made:the assessing officer, while computing the book profits of a company under section 115j of the income tax act, 1961, has only the power of examining whether the books of account are certified by the authorities under the companies act as having been properly maintained in accordance with the companies act. the assessing officer, thereafter, has the limited power of making .....

National Engg. Inds. Ltd. Vs. Cit

Court : Kolkata

Reported in : [2001]80ITD9(Cal)

..... , understood as different connotations under the companies act. we are, therefore, of the ..... terms used in the interest tax act have to be understood the way they are understood under the companies act, 1956 or by the people dealing with the companies. under the companies act, the issues of deposit and debenture are dealt with separately. section 58a of the companies act, 1956 deals with deposits, whereas the debentures are dealt with in part iv of the companies act covering sections 82 to 123. they are, therefore .....