Judgment Search Results Home > Cases Phrase: companies act 1956 section 581za annual general meetings Page 20 of about 19,371 results (0.328 seconds)

Punyark Credit and Investment (P.) Ltd. Vs. State of Bihar

Court : Patna

..... on 26-7-1984 before the court, economic offences, patna with the allegation that according to the provisions of section 220 of the companies act, 1956, the company and its directors are under the statutory obligation to file with the registrar of the companies three copies of the balance sheet and profit and loss account in prescribed f6rm duly placed in the annual general meeting within 30 days of the date of the annual general meeting and in case no annual general meeting was held within 30 days of the due date of the ..... 794, 795 and 796 of 1984 for non-compliance of the provisions for filing report within sixty days of annual general meeting under section 169 of the companies act. ..... the company and its officers are in default as they did not file the balance sheet of profit and loss account of the company before the registrar of the companies as such non-compliance and failure to file the said balance sheet under section 220(1) of the companies act, 1956 they have committed offence under section 220(1) of the companies act. ..... the petitioners in his application has challenged the impugned order stating that the registrar for the companies, bihar, patna has filed two complaints against the petitioners on 26-7-1984 under section 220(3) of the companies act for non-compliance of the requirement under section 220(1) of the act to file the balance sheet and profit and loss account with the registrar within 30 days of such general meeting of the company. .....

Santosh Poddar and anr. Vs. Kamalkumar Poddar and ors.

Court : Mumbai

Reported in : 1992(3)BomCR310

..... the learned single judge held that the reliefs claimed in the suit pertained to section 256 and 283 of the companies act, 1956 and in view of section 2(11) of the companies act read with section 10 of the companies act, the high court alone had jurisdiction to entertain and try the suit. ..... the petition was for a declaration that the meeting held on that day was not a duly and validly convened annual general meeting. ..... for example, under section 391 of the companies act, where a compromise or arrangement is proposed between a company and its creditors or its members, the court may, on the application of the company or a creditor or a member of the company, order a meeting of the creditors or members to be called, held and conducted in such manners as the court directs. ..... the submissions in the plaint are based on the provisions of the companies act dealing with the holding of office of directors, namely, sections 255 and 256, as also section 283 which deals inter alia with a director vacating his office if he remains absent at three consecutive meetings of the board of directors. ..... the court said that even for a relief contemplated by section 155 of the companies act, a suit would be the primary remedy under the general law. ..... in the case before the kerela high court the validity of a general body meeting of a company held on a certain date was challenged. .....

i.T.C. Limited Vs. Pradeep Anand and ors.

Court : Delhi

Reported in : 2006(3)ARBLR67(Delhi)

..... investment in the shares of any other body corporate in excess of the percentages specified in sub-section (2) and the provisos thereto, unless the investment is sanctioned by a resolution of the investing company in general meeting and unless [previously] approved by the central government:provided that the investing company may at any time invest up to any amount in shares offered to it under clause (a) of the sub-section (1) of section 81 (hereafter in this section referred to as rights shares) irrespective of the aforesaid percentages:provided further that when at any ..... the third aspect flows from section 372 of the indian companies act, 1956 (hereinafter to be referred to as, the companies act). ..... in exercise of the powers conferred by sub-section (1) of section 16 of the securities contracts (regulation) act, 1956 (42 of 1956), the central government, being of opinion that it is necessary to prevent undesirable speculation in securities in the whole of india, hereby declares that no person, in the territory to which the said act extends, shall, save with the permission of the central government, enter into any contract for the sale or purchase of securities other than such spot delivery contract or contract for cash or hand delivery ..... 6 :whether non-compliance with the provisions of section 372 of the companies act, 1956 and of other laws of india render the agreement dated 11th september, 1990 of no effect, null and void and not binding on itc ltd? .....

Sahara Fabrics Pvt. Limited and ors. Vs. Kailash Ramprashad Mehra and ...

Court : Mumbai

Reported in : 2006(2)ALLMR701; 2006(1)BomCR328; [2006]134CompCas472(Bom); [2006]69SCL233(Bom)

..... the learned counsel, prayers in the suit seek reliefs which are based on the rights and obligations under the indian companies act, 1956 (for short, 'the said act'). ..... a further declaration that all meetings of the board of directors of defendant 3 company held after 31/12/1990 and in particular, the meetings allegedly held on 23/3/1991 and 10/6/1991 are illegal, invalid, non est and the resolutions passed at these meetings are illegal, invalid and non est and not binding on defendant 3 company or the plaintiffs. ..... pertinent to note that in that case also, the declaration was sought: that all meetings of the board of directors of defendant 3 company and the resolutions passed at these meetings are illegal, invalid and non est and not binding on defendant 3 company or the plaintiffs and defendant 1 had ceased to be a director of poddar tyres limited ..... 4, their officers, servants, agents and/or any person acting under or on their behalf from in any manner acting in pursuance of any alleged resolutions allegedly passed in any purported meeting of board of directors allegedly held by the defendant no ..... a similar declaration is sought that any resolutions allegedly passed in any purported meeting of shareholders or of board of directors of defendant 1 allegedly held by the kapoor family or any of them is illegal, null and void and of no ..... then referred to rao saheb's case (supra) and held that for the relief contemplated by section 155, a suit was the primary remedy under the general law. .....

K. Saravanan and Another Vs. M/S. Cosmopolis Properties Pvt. Ltd, Rep ...

Court : Chennai

..... similarly, under section 186 of the companies act, the tribunal may be approached by the director or any member of the company who is entitled to vote at the meeting for calling upon a meeting to be held if, for any reason, it is impracticable for the company to call for the meeting other than a general meeting and such relief can be obtained only from the tribunal or company court. 24. ..... the definition of the 'court' in clause (ii) of section 2 and section 10 of the companies act, 1956, dealing with jurisdiction of courts, read together enables the shareholders to decide as to which court they should approach for remedy in respect of a particular matter ..... sree narayana dharma paripalanayogem; 1980 company cases page 611(2) that except in cases where the companies act 1956 confers jurisdiction on the company court or some other authority like the central government or the company law board, either expressly or by implication, all other disputes pertaining to a company are to be resolved through a forum of civil court when the dispute are kept on being resolved by them ..... mr.m.venkatachalapathy, learned senior counsel appearing for the revision petitioners in c.r.p.pd no.2009 of 2012 submitted that as per the provisions of section 2(11) and 10 of the companies act, 1956, in respect of company matters, the court is the high court when the cause of action arose within the jurisdiction of the city of madras and in any other place, the district court and therefore, the suits filed before .....

S. Rajalakshmi Vs. the Official Liquidator High Court, as the Official ...

Court : Chennai

Reported in : [2005]123CompCas412(Mad); 2004(4)CTC737; [2005]272ITR257(Mad); [2005]64SCL361(Mad)

..... the learned single judge, contends that in view of section 530(1)(a) of the companies act, in a winding up, the payment shall be preferred to the debts in preference to all revenues, taxes, cesses and rates due from the company to the central or a state government or to a local authority, at a relevant date, and therefore, the income tax authority, who issued notice under section 222 of the income tax act for the capital gain tax towards the sale of 81% ..... this court in the matters of rps benefit fund limited, objected to the same contending that section 530(1)(a) of the companies act is not attracted in the instant case, in view of the fact that ajith diary industries ltd ..... the funds available with the official liquidator are meant for repayment of funds to the innocent depositors and the same cannot be diverted for any other purpose and in any event, section 530 of the companies act is not attracted to the facts of the instant case.5. ..... , should be given priority under section 530 of the companies act and paid out along with interest at 24% from the date it became due from the funds available with the liquidator of rps benefit fund limited on a preferential basis; ..... section 530(1)(a) of the companies act, which reads as follows:'section 530 ..... payable by the appellants herein shall be paid out of the sale proceeds of the shares lying in credit with the liquidator to the income tax department on preferential basis, as per section 530(1)(a) of the companies act, referred to above. 3.14. .....

F.J. Heredia and anr. Vs. Registrar of Companies

Court : Karnataka

Reported in : [2001]104CompCas273(Kar); ILR2001KAR1609

..... the case against the petitioners is that they are guilty of an offence under sub-section (5) of section 210 of the companies act, 1956, for an alleged failure to hold the annual general body meeting latest by september 26, 1987, and to lay the balance-sheet and profit and loss account ..... petitioners are prosecuted for an offence under section 159 read with section 162 of the companies act in c. c. no. ..... the point for consideration is, whether the offences under the companies act are to be characterised as 'economic offences' specified in the common cause judgment to be continued even beyond the time stipulated in ..... in these circumstances, it is clear that the offences under the companies act referred to above in these petitions cannot, by any stretch of imagination, be regarded as economic ..... admittedly the jurisdiction to try the offences under the companies act is conferred on the special court for economic offences apparently by way ..... merely because the offences under the companies act are tried by the special court for economic offences it cannot follow that all offences tried by ..... as the special court for economic offences does not determine its jurisdiction and its jurisdiction is determined on the basis of provisions made conferring jurisdiction under various enactments, and the companies act is one such enactment. ..... alleged before the trial court was failure to file before the registrar of companies, three copies of the balance-sheets under sub-section (3) of section 220 of the act. .....

The First National Bank Ltd. Vs. Om Parkash Sharma and ors.

Court : Punjab and Haryana

Reported in : AIR1962P& H433; [1963]33CompCas1043(P& H)

..... avasthy raised an objection which was of a preliminary character, he contended on behalf of his clients that proceedings under section 45-h of the banking companies act were not competent because the condition precedent was that an application is made to the high court under section 543 of the companies act, 1956 against directors and other persons specified therein. mr. ..... (9) the present petition is now under section 543 of the companies act, 1956, on behalf of the first national bank limited, in liquidation, through the official liquidator and is against eight respondents. ..... but, in order to obviate the objection raised by the respondent, he prayed that the heading of the petition may be allowed to be amended by inserting section 543 of the companies act, 1956, as well. ..... my attention has been drawn to sections 441, 450, 456 and 457 of the companies act, 1956. ..... by that order i had allowed the official liquidator to amend the plaint by indicating in the heading that it was also under section 543 of the companies act, 1956. ..... by way or abundant caution, i allow the official liquidator to amend the plaint by indicating in the heading that it is also under section 543 of the indian companies act, 1956. ..... 2, 3 and 5 may wish to lead on their behalf with a view to meet the petitioner's case under section 543 of the companies act will be recorded. ..... misconduct in general will not suffice unless the misconduct is in the nature of an accountable wrong specified in the section. .....

C.R. Priyachandrakumar and Others Vs. Purasawalkam Permanent Fund Ltd. ...

Court : Chennai

Reported in : [1995]83CompCas150(Mad)

..... 500 and that he had not complied with the provisions of section 257 of the companies act at the annual general meeting held on september 4, 1990, and that the first respondent had obtained legal advice and due to the same, the second respondent resigned his post as a director, but in view ..... ultra vires the company/first respondent and, therefore, cannot be permitted, and (c) even otherwise, the claim of the first respondent that the said items were passed in the annual general meeting held on august ..... the applicants being shareholders are aware of the material facts pertaining to the transactions to be carried out at the annual general meeting and as such, they cannot reasonably complain of insufficiency of notice nor did they, having been present at the meeting, point out to the chairman about the irregularity before the meeting proceeded with the agenda, nor did they participate in the deliberations and bring to the notice of the shareholders ..... when his appointment was found defective, he resigned, how he has appointed as an additional director and that his term as additional director has come to an end at the annual general meeting, are the relevant and material facts to the question as to the appointment of the second respondent as a director. ..... section 257 of the companies act, 1956 ..... section 260 of the companies act, 1956, ..... of section 257 of the companies act, 1956. ..... act as director, if so appointed and has filed with the fund his consent under section 264(1) of the companies act, 1956 .....

Corromandal Pharmaceuticals Limited Vs. Deputy Commercial Tax Officer ...

Court : Andhra Pradesh

Reported in : [1996]87CompCas92(AP)

..... where, in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then notwithstanding anything contained in the companies act, 1956 (1 of 1956) or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any ..... the petitioner defaulted in the payment of sales tax assessed under the andhra pradesh general sales tax act, 1957 ('the apgst act', for short) for the assessment years 1992-93 and 1993-94 and the sales tax authorities have initiated action under section 17 of the apgst act for the recovery of the said dues. ..... we, therefore, hold that no coercive steps for the purpose of recovery of tax dues, including action under section 17 of the andhra pradesh general sales tax act, can be taken by respondents nos. ..... there can be no doubt that action under section 17 of the andhra pradesh general sales tax act is attracted by sub-section (1) of section 22 of the act, which prohibits, inter alia, 'proceedings for execution, distress or the like against any of the properties of the industrial company' without the consent of the board/appellate authority. .....