Skip to content


Judgment Search Results Home > Cases Phrase: companies act 1956 section 581za annual general meetings Page 1 of about 19,371 results (0.219 seconds)

Dec 31 1992 (TRI)

T.A. Devagnanam (Jr.) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1993)45ITD124(Mad.)

..... contention of the counsel for the assessee that the dividends declared in the delayed meetings held during the previous year relevant to the assessment year 1982-83 must be related back to the earlier previous years on the footing that the delayed annual general meetings themselves related to those years.true, the annual general meetings in question could not be held within the time allowed under section 166 of the companies act, 1956, owing to circumstances beyond the control of the board of directors and ..... . secondly, this is also not a case where notices of the respective annual general meetings had been issued earlier intimating the shareholders that the annual general meetings were being called on date(s) within the time allowed under section 166 of the companies act, 1956 and where the proposed annual general meetings could not be held due to court orders ..... . it is a matter of record that the 30th, 31st and 32nd annual general meetings could not be held within the time allowed by and under section 166 of the companies act, 1956, by reason of the board of directors having been superseded by the orders of the madras high court ..... . taking a clue from the said madras case, shri vaidyanathan contended that the 29th, 30th and the 31 st annual general meetings which were held in june, 1981 and september, 1981, must be regarded as having been held within the time allowed by and under section 166 of the indian companies act, 1956 .....

Tag this Judgment!

Mar 28 2012 (HC)

Ruby General Hospital Limited and Others Vs. Sajal Dutta and Others

Court : Kolkata

..... discussion and findings: under section 166 of the companies act, 1956 a company is supposed to hold its annual general meeting once in a year. ..... i wish to emphasise again that the language of section 633 of the companies act is confined to relieve an officer of the company, and not intended to relieve the company from holding its annual general meetings and suspend the operation of the relevant mandatory provisions of the companies act and extend time to hold annual general meetings. ..... that was in the context of the jurisdiction of the company court under section 633(2) of the act and the dictum cannot be extended to imply that a civil court in an appropriate action would not have the authority to direct a company to hold its annual general meeting despite the period prescribed by statute having expired. 29. ..... annual general meeting therefore, in case of default, can only be called by either the directions of the registrar within the exemption under section 166 (1) of the companies act or by the central government under section 167 of the act. ..... was on an application, under section 633 (2) of the companies act, by the directors of a company seeking permission of the court to hold the annual general meetings beyond time. ..... am, therefore, disinclined to so interpret section 633 of the companies act and sub-section (2) thereof as to whittle down the clear prohibition upon the court to grant any extension of time with regard to calling, holding and conducting of an annual general meeting. .....

Tag this Judgment!

Jun 11 1991 (TRI)

In Re: Urban Improvement Co. Pvt.

Court : Company Law Board CLB

Reported in : (1992)73CompCas107

..... government directors are well-equipped to take the project to its successful culmination ; (iv) that the shareholders of the company do not take any interest in its affairs and barring a few occasions, the quorum has never been complete in any of the annual general meetings and every year the company has to take recourse to the provisions of section 167 of the companies act, 1956, to comply with the mandatory requirements of the law ; (v) that the relations between the plot-holders (numbering ..... been represented on behalf of the company that every year the annual general meeting of the company is convened and in the absence of quorum, the company has to take recourse to the provisions of section 167 of the act to call the annual general meeting. ..... , chartered accountants, for the subsequent year under section 224(3) of the act as no auditor was appointed in the annual general meeting held on june 2, 1990, and the writ petition filed by sinha and sinha ..... he further stated that the shareholders of the company do not take interest in the affairs of the company and the last annual general meeting for the financial year 1989-90, held on december 29, 1990, had to be adjourned for want of quorum and like in the past years, only one ..... application has been made under section 167 of the act for holding the annual general meeting. ..... that the shareholders have not taken any interest in the affairs of the company and have not been attending the annual general meeting barring one or two shareholders. .....

Tag this Judgment!

Sep 25 1973 (HC)

Official Liquidator of R.S. Motors (P) Ltd. (In Liquidation) Vs. Jagji ...

Court : Delhi

Reported in : [1974]44CompCas381(Delhi); ILR1974Delhi243

..... the prosecutions were concerned with the annual general meetings of the company held during the period 1957 to 1961 ..... (1) this prosecution under section 454(5-a) of the companies act, 1956, requires reference first to some of the admitted facts of the case. r. s ..... section 454 of the companies act, 1956 requires the directors of the company to submit a statement of affairs within 21 days of the winding up order subject to an extension being granted for an additional period which might extend to three months ..... air1967ori185 , in which it was held that the mere seizure of papers by the police did not avoid the directors' liability to submit a statement of affairs under section 454 of the companies act, 1956. ..... , come to the conclusion that the accused have made out their defense and they had a reasonable excuse for not submitting the statemnt of affairs within the time prescribed by section 454(3) of the companies act, 1956. ..... the provisions of section 454(5-a) of the companies act, 1956. ..... there had been a default in complying with the requireiments of section 210(5) of the companies act, 1956 and a criminal prosecution had been launched. ..... relief was granted under section 633 of the companies act. ..... sub-section (2) of section 454 of the act requires the directors to submit this statement of affairs and there is power to get a direction of the court that persons other than existing directors, manager or chief oflicer of the company might be required to submit and verify the statement of .....

Tag this Judgment!

Feb 16 2006 (TRI)

In Re: Home Trade Limited

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... rest of the additional directors had also claimed that they ceased to be directors due to the operation of law as per section 283(g) of the companies act, 1956, though, they have not disputed their directorship in htl during the second phase of manipulations. ..... it was claimed by the shri ranade that he had ceased be a director in htl subsequent to the annual general meeting dated september 29, 2001 by the operation of law since he had not consented for regularizing the appointment in the aforesaid agm. ..... for taking hold, dealing in, converting stocks, shares and securities of all kinds, brokers for units of unit trust of india, brokers for debenture, bonds, government securities, national savings certificates, small savings schemes and generally for securities of all kinds and to carry on the business in india or abroad.1.2 subsequently, the shares of htl was listed on pune stock exchange and bangalore stock exchange and trading started on november 15, 1999.paid up capital ..... shri russell further submitted that he had no contacts apart from what was narrated above, with the company that he never attended any of the board meetings of the company and never received any emoluments from htl for holding the post of non-executive director.3.4 reply of shri dilip jain- vide letter dated may 7, 2004, shri dilip jain submitted that he was approached by .....

Tag this Judgment!

Mar 17 1975 (HC)

S. Suppiah and anr. Vs. Century Flour Mills Ltd.

Court : Chennai

Reported in : [1975]45CompCas450(Mad)

..... that section reads :' 186 (1) if for any reason it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this act or the articles, the court may, either of its own motion or on the application of any director of the company, or of any member of the company who would be entitled to vote at the meeting,-- (a) order a meeting of the company to be called, held and conducted in such manner as the court thinks fit ..... made under section 186 of the companies act, 1956, for appointment of an advocate-chairman to preside over the requisitioned general meeting of century ..... section is substantially the same as section 79(3) of the companies act, 1913, except that the annual general body meeting is excluded from the purview of section 186 of the 1956 act ..... court has the power under section 186 of the companies act, 1956. ..... single judge of this court, ordered appointment of a chairman to supervise and preside over an annual general meeting to be called by the board of directors. ..... of section 186 of the companies act, that though the power thereunder could be invoked even in cases where a meeting was already called, it could be exercised only where it is impracticable to hold or conduct the meeting. ..... general body appointed them as such at its meeting held on april 12, 1972, and the appointment was duly approved under the companies act .....

Tag this Judgment!

Jul 31 2014 (HC)

K.Santhakumari Vs. M/S.K.J.Trading Co.Pvt Ltd

Court : Kerala

..... was considering the r.f.a no.160 of 2004-d9question of maintainability of a suit before a civil court in a case where the plaintiff sought for a declaration that the 37th and 38th annual general meetings and the decisions taken therein were illegal and for removing defendants 2 to 6 therein from the board of directors as unfit for holding the office by reasons of mismanagement and oppression ..... com case 362(ker)], was also relied on, in which it was held that the rights and liabilities of the parties arise out of the general law of contract and not from the provisions of the companies act and the suit was held maintainable with the following observations: "xxx xxx xxxx xxxx xxx xxxx xxxxx xxxx xxx xxx xxxx xxxx xxx xxxx xxxxx ..... in chapter vi of the companies act, 1956, is therefore not to exclude ..... completely ousted under the companies act, 1956.24. ..... under section 397 or 398:-- without prejudice to the generality of the powers of the court under section 397 or 398, any order under either section may provide for-- xxx xxx xxx xxx xxxxx xxx xxxx xxx xxxx xxx xxx xxx xxx xxxxx xxx xxxx xxx xxxx (f) the setting aside of any transfer, delivery of goods, payment, execution or other act relating to property made or done by or against the company ..... m.p.menon j, as he then was, after referring to the history of legislation leading to the companies act, 1956, found that the parliament has only attempted to consolidate the law relating to companies and it has not attempted to codify the same. .....

Tag this Judgment!

Jan 18 1985 (HC)

Baptist Church Trust Association and anr. Vs. Member, Company Law Boar ...

Court : Kolkata

Reported in : [1986]60CompCas381(Cal)

..... here, a division bench of the kerala high court construed section 167 of the companies act, 1956, and held that only in a restricted contingency, where there was a default in holding an annual general meeting in accordance with section 166 of the statute, power was given under section 167 to the central government to intervene on the application of any member and call for a general meeting of the company to be deemed to be an annual general meeting. ..... here, it was held by a learned judge of this court that the power of the court under section 186 of the companies act, 1956, to direct a general meeting of the company was wide and extraordinary in nature and should be used sparingly and with great caution. ..... --(1) if, for any reason, it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this act or the articles, the company lawboard may, either of its own motion or on the application of any director of the company, or of any member of the company who would be entitled to vote at the meeting- (a) order a meeting of the company to be called, held and conducted in such manner as the company law board thinks fit ; and (b) give such ancillary or consequential .....

Tag this Judgment!

Aug 03 2016 (HC)

Geometric Limited Vs. HCL Technologies Limited

Court : Delhi

..... section 108 of the companies act, 2013 read with rule 20 of the companies (management and administration) rules, 2014 makes it mandatory for certain class of companies to compulsorily provide to its members the facility to exercise their right to vote on resolutions proposed to be considered at general meetings by electronic ..... also seek a direction of this court to provide to its equity shareholders with the facility to exercise their right to vote by electronic means, in terms of section 108 of the companies act, 2013 read with rule 20 of the companies (management and administration) rules, 2014 and regulation 44(1) of the sebi (listing obligations and disclosure requirements) regulations, 2015 and prayed that such voting may be considered as a valid exercise of their vote on the scheme in accordance with section 391 of the companies act, 1956. ..... has been submitted by the applicant that no proceedings under sections 235 to 251 of the companies act, 1956 or corresponding sections of the companies act, 2013 are pending against the applicant/transferee company no. 1. 9. ..... application has been filed under sections 391 to 394 of the companies act, 1956 read with rules 6 and 9 of the companies (court) rules, 1959 by the applicant/transferee company no. ..... provisions relating to compromise and arrangement as provided in the companies act, 2013 have yet not been notified, they are still being governed by sections 391-394 of the companies act, 1956 and the companies (court) rules, 1959. .....

Tag this Judgment!

May 07 2010 (SC)

Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd.

Court : Supreme Court of India

Reported in : 2007(Supp.)Bom.C.R.925

..... the present application is a thinly disguised attempt to reopen the scheme after it has been fully implemented in a manner that is completely inconsistent not only with the demerger of the businesses but the provisions of section 392 of the companies act, 1956.c) that none of the heads of so-called agreement are a part of the scheme as proposed by the board of directors of ril and approved by the creditors and general body of shareholders. ..... in the result, we hold that:(i) both the learned single judge and the division bench committed a serious error in exercising jurisdiction in the manner they did under section 392 of the companies act, 1956, for such interference has resulted in the provisions of a document (mou) which was not before the shareholders supersede the scheme of arrangement. ..... particulars, rnrl placed the following additional materials in support of their stand:a) the board of directors of ril were appreciative of the resolution of the issues between shri mukesh ambani and shri anil ambani and in their meeting held on june 18, 2005 noted the settlement and amicable resolution of the dispute providing for reorganization of the reliance group including the businesses and interests of ril and adopted a resolution thanking the efforts made ..... government47 mopng basic statistics (2008-2009) citing bp statistical review of world energy, june 2008 & opec annual statistical bulletin.48 integrated energy policy: report of the expert committee, supra note 4449 adam r. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //