Judgment Search Results Home > Cases Phrase: companies act 1956 section 581za annual general meetings Court: andhra pradesh Page 3 of about 696 results (0.113 seconds)

M/S.Navayuga Engineering Co. L Vs. The Assistant Commissioner(Ct), Ltu ...

Court : Andhra Pradesh

..... section 210(3)(b) of the companies act requires the profit and loss account of the company, to be placed before the annual general meeting, to relate to the period beginning with the date immediately after the period for which the account was last submitted, and ending with a date which shall not precede the date of the meeting by more than six ..... section 2(17) of the companies act defines financial year to mean, in relation to any body corporate, the period in respect of which any profit and loss account of the body corporate, laid before it in the annual general meeting, is made up, whether that period is a year or ..... supply of labour etc.if the works contractors had difficulty in maintaining records showing these details, they could have sought composition which they did not do; the central government, in the exercise of their powers under section 211(3c) of the companies act, 1956, had notified the companies (accounting standards) rules, 2006 in the official gazette; and these rules provided for accounting standards 1 to 7 and 9 to 29 as recommended by the institute of chartered accountants of india. ..... which goods exempt under schedule i are transferred in execution of the works contract, and (x) turnover of goods involved in the execution of works contract which are transferred in the cours.of inter-state trade or commerce under section 3 of the central sales tax act, 1956 or transferred outside the state under section 4 or transferred in the cours.of import or export under .....

Chittoor District Co-operative Marketing Society Ltd. Vs. Vegetols Ltd ...

Court : Andhra Pradesh

Reported in : [1968]38CompCas687(AP)

..... of section 18 of the andhra pradesh general clauses act, 1891 (1 of 1891), it is submitted that a reference in section 61 of the madras co-operative societies act, 1932, to the indian companies act, vii of 1913, must be understood as a reference to the companies act, 1956.10. ..... we are, therefore, clear in our minds that section 61 by excluding the provisions of the indian companies act, 1913, or section 129 of the new act by excluding the provisions of the indian companies act, 1956, does nothing more than exclude the provisions relating to incorporation, regulation ..... the learned counsel for the society, a creditor of the company in liquidation, raised a legal point that the provisions of the companies act, 1956, do not apply to the society and referred to section 61 of the madras co-operative societies act, 1932 (madras act vi of 1932) and section 129 of the andhra pradesh co-operative societies act, 1964 (act no. ..... even under section 2(7) of the companies act, 1956, the definition of ' body corporate' specifically excludes a co-operative society registered under the co-operative societies act and it reads thus :' ' body corporate' or ' corporation ' includes a company incorporated outside india but does not include- (a) a corporation sole ; (b) a co-operative society registered under any law relating to co-operative societies; and (c) any other body corporate (not being a company as defined in this act) which the central government may, by notification in the official gazette, .....

V.V. Trans-investments (P.) Ltd. Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : 1994(2)ALT87; (1994)119CTR(AP)184; [1994]207ITR508(AP)

..... in other words, section 205(1)(b) of the companies act is actually written in clause (iv) under the explanation to section 115j of the income-tax act and, therefore, there is no occasion to refer to the companies act, 1956, at ..... facts and in the circumstances of the case, the appellate tribunal was justified in law in holding that 'loss' as it appears in section 205(1) first proviso, clause (b) of the companies act, 1956, read with section 115j of the income-tax act, 1961, means 'including depreciation' 3. ..... interpretation of 'loss' and 'depreciation' for the purpose of declaring dividend under the companies act, 1956, is irrelevant and their interpretation under clause (iv) of explanation to section 115j of the act should be in accordance with the provisions of the income-tax act ..... appellate tribunal, hyderabad special bench, disposed of all the three appeals by common order dated february 4, 1993, as they involved consideration of common question of law of general importance relating to the construction of section 115j of the income-tax act. 4. in r. c. no. ..... treatment meted out to unabsorbed depreciation by section 32 (2) and sections 72 (2) and (3) will not obliterate the general concept that 'loss' includes ' ..... a sense notional, which has to be debited in the computation of the profits of a business on commercial principles (quite apart from statute) and it is difficult to see why, when such deduction yields a negative figure of profits, it cannot be a 'loss' as generally understood' .....

Official Liquidator, High Court of A.P. Vs. S. Haridass and ors.

Court : Andhra Pradesh

Reported in : [2006]133CompCas5(AP)

..... of winding up orders, when notices or summons are issued either by the official liquidator or the court, requiring the ex-managing director and other ex-directors, who were in charge of the day-to-day affairs of the companies prior to their winding up, to file the statement of affairs as required under section 454 of the companies act, 1956, they are successfully evading the service of the summons, and on some occasions they have even refused to receive the same. ..... and require the ex-managing director and other ex-directors of the companies comply with the provisions of the companies act, 1956, and file statement of affairs, as required under section 454 thereof, and on their failure to do so, to either impose fines or send them to imprisonment or impose both fine and imprisonment, else the very purpose of incorporating some important provisions in the companies act, 1956, to deal with matters relating to winding up of the companies, which are to protect the interest of the creditors, employees ..... referred to as 'the company'), has filed this application to punish the respondents for non-compliance with the provisions of section 454 of the companies act, 1956 (for short 'the companies act').2. ..... 1 and 5 to file statement of affairs having been fixed by the court already, and non-filing of statement of affairs under section 454 of the companies act, being a continuing offence, the question that remains to be considered is what is the quantum of sentence that can be imposed on them .....

Andhra Bank Housing Finance Limited Vs. Andhra Bank

Court : Andhra Pradesh

Reported in : 2003(3)ALD654; [2004]118CompCas295(AP); [2003]47SCL513(AP)

..... andhra bank housing finance limited files this application under sections 391 and 394 of the companies act, 1956 ('the act' for brevity) seeking sanction of the scheme of arrangement for its amalgamation with another. 2 ..... that crucial point it was held thus: 'having regard to the fact that sections 391 and 394 of the companies act make no distinction between a transferor company and a transferee company, the test for determining whether the provisions of those sections are attracted or not must be the same, both in the case of the transferor company as well as in the case of the transferee company, viz. ..... the registrar of companies inter alia in his report mentioned that since the transferee company is a scheduled bank constituted under section 3 of the banking companies (acquisition and transfer of undertaking) act, 1980 and governed by the andhra bank general regulation act, 1998 has obtained the permission of the reserve bank of india for the proposed scheme of amalgamation and that since the transferee is not a company registered under the act, no separate petition has been filed by the transferee company. ..... as can be seen from the memorandum and articles of association of the company annexed to the petition, the meeting of the board of directors of the company was convened on 23-12-2002 which passed an unanimous resolution in favour of the proposed ..... annual report of the company for the year 2001-2002 has been annexed to the petition showing the financial status of the company. .....

Andhra Scientific Company Limited and ors. Vs. Union of India (Uoi) an ...

Court : Andhra Pradesh

Reported in : 2002(2)ALD205; 2002(1)ALT301

..... section 2(1) states that words and expressions undefined in this act, but defined in the companies act, 1956, shall have the meanings, respectively, assigned to them in the later act ..... individuals and institutions enumerated in the provisions of sections 18 to 22 read with the schedule to the 1982 act, this inference is obligated by the legislative phraseology employed in section 23 which mandates that any balance amount left out of the amounts paid by the government of india under sections 7 and 8 in relation to the acquisition and divesture of the undertakings of the company, after meeting the liabilities as specified in the schedule to the act, shall be disbursed by the commissioner of payments ..... dependent of the affidavit filed in support of the writ petition is over-aged to be entitled to continue as the managing director of a company, that a managing director could not have continued beyond a particular period, that it is not demonstrated as to whether any general meeting of the company was held or the company is actively in existence. ..... which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner, before his office is finally wound up, to the general revenue account of the central government; but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer .....

Official Liquidator, High Court of A.P. Vs. Andhra Pradesh State Finan ...

Court : Andhra Pradesh

Reported in : 2001(3)ALD19; 2001(3)ALT334

..... but, in view of the specific provision under section 537 of the companies act, such a construction must be ruled out for the reason that the specific always excludes the general and section 537 contains a specific prescription with regard to the execution proceedings. ..... , after the commencement of the proceedings for the winding up of the company now in liquidation, as by virtue of a declaration under section 441(2) of the companies act, the winding up of a company shall be deemed to commence at the time of presentation of the petition for the winding up, notwithstanding the fact the actual winding up order is passed much later.15. ..... the division bench of the bombay high court held that section 446 of the companies act did not create any right in favour of the official liquidator to file a suit or an application but the cause of action accrued in favour of the company that is being wound up enured in favour of the official liquidator and therefore the official liquidator did not get a fresh lease of the period of limitation by virtue of section 458-a of the companies act. ..... assuming that article 137 applies and simultaneously section 458a of the companies act applies, the extended period of limitation would be available to the liquidator and if it is available, the present application, aspointed out earlier by me, is within time and, therefore, the plea of limitation must fail'. .....

K. Venkat Rao Vs. Rockwool (India) Ltd. and ors.

Court : Andhra Pradesh

Reported in : 2002(1)ALD547; 2002(1)ALT759; [2002]108CompCas494(AP)

..... a learned single judge of the madras high court in radhakrishnan (supra) inter alia observed that section 283 of the companies act, 1956 sets out circumstances on the occurrence of which the office of a director shall become vacant. ..... the high court does not however have a general or residuary jurisdiction to deal with all the questions arising out of the companies act. ..... , however having regard to the provisions contained in section 9 of the civil procedure code held that the company court does not have exclusive jurisdiction and observed:as i have endeavoured to indicate earlier, in order to determine whether the company court has exclusive jurisdiction to deal with a particular matter relating to a company, the line of enquiry should be whether the act has, in regard to that matter, created a right or liability not existing under the general law and has also, at the same ..... official gazette and subject to such restrictions, limitations and conditions as it things fit, empower any district court to exercise all or any of the jurisdiction conferred by this act upon the court, not being the jurisdiction conferred-- (a) in respect of companies generally, by sections 237, 391, 394, 395 and 397 - 407, both inclusive,(b) in respect of companies with a paid-up share capital of not less than one lakh of rupees, by part vii (sections 425 - 560) and the other provisions of this .....

Mamatha Chit Fund P. Ltd. (In Liquidation) Vs. Smt. Doure Swarropa Ran ...

Court : Andhra Pradesh

Reported in : [2007]136CompCas758(AP); [2007]80SCL69(AP)

..... court fees act was enacted in the year 1956 and came into force on march 16, 1956, whereas the companies act, 1956, which is a central act, came into effect on april 1,1956. ..... court fees act, the companies act, 1956, was not in vogue. ..... it is only for the first time under sub-section (2) of section 446 of the companies act, jurisdiction has been conferred upon the company court to take cognizance of such matters filed before it and it excludes the jurisdiction of the civil courts.15. ..... sub-section (2) confers jurisdiction upon the company court to dispose of any suit or proceeding by or against the company; any claim made by or against the company; any application made under section 391 of the companies act by or in respect of the company ; and any question of priorities or any other question whatsoever whether of law or fact which may relate to or arise in course of the winding up of the company. ..... the provision so enacted probably did not meet with the requirement with the result that the committee appointed for examining comprehensive amendments to the companies act in its report recommended that 'a suit by or against a company in winding up should, notwithstanding any provision in law for the time being, be instituted in the court in which the winding up proceedings are pending. ..... inasmuch as it is of general importance and probably might arise time and gain in all applications of this sort, the matter requires a clinical examination of various provisions of the a.p. .....

Sanghi Spinners (i) Ltd. Vs. Ahmedabad Electricity Co. Ltd.

Court : Andhra Pradesh

Reported in : 2003(6)ALD666

..... sanghi spinners (india) limited, has filed this application under section 557 of the companies act, 1956 (for short 'the companies act') read with rules 9 and 11(b) of the companies (court) rules, 1959 (for short 'the companies rules') praying this court to appoint an advocate as chairman to call for the meetings of the creditors and contributories of the applicant to ascertain their wishes along with the value of debt owed by the applicant to them and to submit a report.2. ..... to consider this question, it becomes necessary to examine the provisions of section 557 of the companies act, 1956, which deals with meetings to ascertain wishes of creditors or contributories. ..... if this is not possible to decide at the hearing, the court can direct that a meeting of the creditors be called and held in such manner as laid down in clauses (b) and (c) of section 557(1) of the companies act, 1956. 19. ..... it is also well settled that a winding up order will not be made on a creditor's petition if it would no benefit him or the company's creditors generally. .....