Judgment Search Results Home > Cases Phrase: companies act 1956 section 581za annual general meetings Court: andhra pradesh Page 7 of about 696 results (0.201 seconds)

S.Ramanjaneyulu and Others Vs. Telangana Southern Power Distribution C ...

Court : Andhra Pradesh

..... in brief: the facts in brief are that all the petitioners have been working in different capacities in the 1st respondent company, formerly the apcpdcl and presently telangana southern power distribution company limited (tgspdcl).in the wake of the bifurcation of the state of ap through the andhra pradesh reorganisation act, 2014 (the act for brevity) and also supposedly in terms of g.o.ms.no.24, energy department, dated 29.05.2014, issued by the then composite state ..... memo dated 20.05.2014 was not issued under section 77 but was issued as a preparatory measure to facilitate the implementation of the statutory measure as outlined in section 77 of act 6 of 2014 from the appointed date ..... senior counsel that the circular memo has been exclusively issued with regard to the civil servants, inasmuch as section 77 of the act is applicable only to the civil servants, cannot be accepted. ..... of is that such an arrangement shall be in terms of section 77(2) of the act 6 of 2014 and it shall be only from 2nd june, ..... drawing the attention of this court to section 77 of the act, the learned senior counsel contends that on and from the appointed date the employees working in the posts situated within the territorial state of telangana including those working ..... without much cogitation, it can be stated that the very section 77 shall be operative from 02.06.2014, the appointed date, as the very opening lines manifestly declare that all the employees, who are serving in the territorial posts, who .....

Satya Pramoda Teertha Swamuluvaru Vs. Commissioner of Hindu Religious ...

Court : Andhra Pradesh

Reported in : AIR1971AP211

..... . act 17 of 1966 with which we are now concerned, section 658 of companies act, 1956 reads:'the mention of particular matters in section 645 - 657 or in any other the general application of section 6 of the general clauses act, 1897, with respect to the effect ..... . section 645 - 657 of the act of 1956 contained saying provisions analogous to the provisions adumbrated in clauses (a) to (d) of sub-section (2) to section 109 of the andhra pradesh act 17 1966, section 658 of the companies act, 1956 is analogous to sub-section(3) of section 109 ..... shareholders' application before the district court, poona under section 153c of the companies act, 1913 against the company and its directors for certain relieves, was pending when the act of 1913 was repealed giving place to the companies act of 1959 on april 1,1956 ..... he then was), who spoke for the court, while considering this aspect of the case, observed thus:'the question then is whether the act of 1956 indicates that it was intended thereby to destroy the rights created by section 153-c of the act of 1913 xxx section 647 of the act of 1956 therefore indicates no intention that the rights created n intention that the rights created by section 153-c of the act of 1913 shall be destroyed ..... . 647 the act of 1956 expressly makes the repealed act applicable to a winding up commenced under it, it impolitely indicates that in other matters the repealed act cannot be resorted to for in view of section 658 of the act of 1956, the mention of a particular matter .....

The Regional Director, E.S.i. Corporation Vs. Kera Sinter Limited

Court : Andhra Pradesh

Reported in : [2009]150CompCas390(AP)

..... further, a perusal of the provisions contained in section 94 of the esi act clearly indicates that a fiction has been created therein holding that that they shall be deemed to be included among the debts which, are set out under section 530 of the companies act, in the distribution of the property or the assets of the company being wound up, to be paid in priority to all other debts, the debt or amount due in respect of any contribution or any other amount payable under the said act. ..... since there could be possibly several other instances of similar willful default, let a copy of this order be marked to the accountant general, andhra pradesh, hyderabad, as well as to the ministry of labour, employment and training, government of india, new delhi, who would be exercising the necessary control under sections 34 and 35 of the esi act and ensure a corrective measure.14. ..... in fact, section 34 has provided the accounts of the corporation to be audited by the comptroller and auditor-general of india and in terms of section 35, the corporation was required to submit to central government, the annual report of its work and activities. ..... the common law of england or the principles of equity and good conscience generally do not accord the crown any preferential right for recovery of its debts over the mortgagee or pledgee of goods or a secured creditor. .....

Hifco Consumer Credit Ltd. Vs. Midland Industries Limited and ors.

Court : Andhra Pradesh

Reported in : [1998]93CompCas502(AP)

..... 151 of 1995, has been filed under section 392 of the companies act, 1956, read with rule 86 of the companies (court) rules, 1959, seeking a direction to respondents ..... the learned judge further held that in the matters not enumerated under the companies act to be dealt with by the authority/company court/company law board, the civil court's jurisdiction under section 9 of the civil procedure code, 1908, is not barred. 11 ..... suffice it to say that the application is found to be not maintainable under section 392 of the companies act, for the reasons already stated in the preceding paragraphs and the same is liable to be dismissed. ..... (3) the provisions of this section shall, so far as may be, also apply to a company in respect of which an order has been made before the commencement of this act under section 153 of the indian companies act, 1913 (vii of 1913) sanctioning a compromise or an ..... court while dealing with the matter arising under section 237(a)(ii) of the companies act held that the company court is concerned only with the aspect whether circumstances exist to issue directions to the central government and that power is traceable to section 237(a)(ii). ..... on this analogy, learned counsel for the respondent submits that since the issue which is before this court is not covered by any provision enumerated under the companies act, the petitioner has to approach the civil court for necessary relief. 12. ..... october 20, 1994, the board of directors held its meeting and allotted the shares. .....

Official Liquidator, Eluru, the Eluru Motor Transport Ltd. Vs. Vankine ...

Court : Andhra Pradesh

Reported in : AIR1966AP157; [1966]36CompCas888(AP)

..... that section omitting the unnecessary portions reads as follows;'183 (1) subject to the provisions of this act the official liquidator of a company which is being wound up by the court shall, in the administration of the assets of the company and in the distribution thereof among its creditors, have regard to any directions that may be given by resolution of the creditors or contributories at am general meeting or by the committee oi inspection, and any directions given by the creditors or contributories at any general meeting shall in case of conflict be deemed to override am directions ..... this argument is built on section 183 (5) of the indian companies act (viiof (1913) which corresponds tosection460 of the companies act (1 of 1956). ..... , section 531 of the indian companies act (1 of 1956) was inapplicable to case as the sale was effected in pursuance of a decree passed by the court embodying the terms of the compromise, and that in his opinion section 531 governed only transfers inter vivos. ..... in these circumstances, we are not out to the necessity of deciding whether the sale comes within the purview of section 531 of the indian companies act ( i of 1956).17. ..... 39/1953 and theapplication for attachment before judgment of the buses belonging to the company the transfer cannot be attacked as falling within section 531 of the indian companies act (1 of 1956), which corresponds to section 231 of the indian companies act (vii of 1913).9. .....

Praga Tools Corporation Ltd. Vs. M.R. Patny and ors.

Court : Andhra Pradesh

Reported in : AIR1968AP320

..... 'referring to section 31 of the companies act (corresponding to section 29 of the indian companies act) the learned judge further stated:'if they (the company) have been deceived and the statement is not perfectly true, they may not be guilty of negligence, but the company and no one else have power to inquire into the matter; and it was the intention of the legislature that these certificates should be documents on which buyers might safely act. ..... , did make an observation that the court has no jurisdiction under section 35 of the companies act to direct the company to pay damages except in cases where an order is made for rectification of the register. ..... patny (hereinafter referred as 'the respondent') filed an application under section 38 of the indian companies act, 1913, for rectification of the share register of the appellant company by restoring his name as the owner of 100 shares bearing distinctive nos. ..... the power of giving certificates is therefore for the benefit of the company in general; and it is a declaration by the company to all the world that the person in whose name the certificate is made out, and to whom it is given is a shareholder in the company, and it is given by the company with the intention that it shall be so used by the person to whom it is given, and acted upon in the sale and transfer of shares. ..... 8/6 of 1956, awarding damages of a sum of rs. .....

S. Thrilochana Rao and Another Vs. Jonnala Naresh

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... =1989 (2) dl 100,contending that when the complainant had sought several reliefs, one against the company and another against the directors the leave which was mandatory under section 446 of the companies act need not be taken and the complaints were maintainable. ..... so the whole complaint has to be construed as against the company and nothing to do with the directors vis-a-vis personal liability and in this view of the matter the mandate contained in section 446 of the companies act acquires any amount of importance, and it cannot be ignored. ..... may be recalled herein that section 446 of the companies act postulates as under: 446. ..... 2002 and dispose of the matter according to law keeping section 446 of the companies act in mind. 13. ..... in that case the relief sought for was not against the firm it opined that there was no heed for the complainant to take leave as required under section 446 of the companies act. ..... in that context the high court opined that when different reliefs are sought one against the firm and another against partners in their individual capacity leave need not be taken as contemplated under section 446 of the companies act. ..... in this case the respondent is a body incorporate registered under the companies act. ..... the complainants filed a petition under section 27 of the consumer protection act to convict and sentence the appellants for non-payment of the said amount. ..... this regard it is beneficial to refer to section 27 of the consumer protection act for enforcement of orders. .....

Official Liquidator, High Court of Andhra Pradesh Vs. Chepur Ratnakar ...

Court : Andhra Pradesh

Reported in : 1992(2)ALT643; [1995]84CompCas465(AP)

..... ] 2 comp lj 16, a division bench of the gujarat high court dealing with sub-section (2) of section 29 of the indian limitation act, 1908, and the applicability of section 18 of that act to proceedings under section 235 of the indian companies act, 1913 (which is the corresponding provision for section 543 of the companies act, 1956), held as follows : 'we are, therefore, of the view that section 235 of the indian companies act, 1913, provides a period of limitation for an application under that section and since no period of limitation for such an application is provided by the first schedule ..... to the limitation act, the indian companies act, 1913, is a special law providing for such an application .....

Edpuganti Bapanaiah Vs. Sri K.S. Raju and Two ors.

Court : Andhra Pradesh

Reported in : 2007(5)ALD380; 2007(5)ALT236; [2007]139CompCas545(AP); [2007]79SCL468(AP)

..... , however, even before the said date of maturity, the 3rd respondent failed to pay to various other similar depositors, and therefore, filed an application under sub-section 9 of section 58a of the companies act, 1956 before the company law board, southern region bench at chennai for framing a scheme for repayment of the deposits in instalments within a period of 48 months and the said petition was ..... . further, after exhaustively considering various aspects with reference to the issue whether the assistant registrar discharging functions under section 48 could be treated as subordinate to the high court, made the following observations:generally speaking 'any conduct that tends to bring the authority and administration of the law into disrespect or disregard or to interfere with or prejudice party litigants or their witnesses during their litigation' amounts ..... . sub-section (3) further provides that where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period, not exceeding six months ..... as president was ratified by the board of directors at their meeting on 16.09.2000.18. ..... understanding allegedly entered into by the management of the 3rd respondent with the third party called mfsl was even cancelled as per the resolution dated 30.01.2002 of the board's meeting .....

Asia Pacific Investment Trust Ltd. Vs. Shaw Wallace and Co. Ltd.

Court : Andhra Pradesh

Reported in : (2002)174CTR(AP)488

..... this is an application filed by the official liquidator under section 446(2)(b) of the companies act, 1956 ('the act') with a prayer as follows :'(i) to direct the respondent herein to pay to the applicant herein a sum of rs. ..... federal court held that proceeding such as the one initiated under section 46 of the income-tax act, 1922 was an 'other legal proceeding' within the meaning of section 171 of the indian companies act, 1913 (corresponding to section 446 of the present companies act), and therefore, the state was required to make an application for the leave of the company court before initiating the proceedings under section 46(2) of the erstwhile income-tax act, in the following words :'accordingly, we agree with the learned judges ..... of the allahabad high court in holding that the words 'other legal proceeding' in section 171 of the indian companies act, 1913, comprise any proceeding by the revenue authorities under section 46(2) of the indian income-tax act, and that accordingly before forwarding the requisite certificate under section 46(2) to the collector, which would put the machinery for the collection of the arrears of income-tax as arrears of land revenue into ..... section 171 must, in our judgment, be construed with reference to other sections of the act and the general scheme of administration of the assets of a company in liquidation laid down by the act. .....