Court : Supreme Court of India
..... company have been conducted in a fraudulent manner or the company has been formed for fraudulent and unlawful purpose, or persons concerned in formation or management of its affairs ..... resolution, has decided to be wound up; when the company has acted against the interests of sovereignty and integrity of india, the security of the state, friendly relations with foreign state, public order, decency or morality; if the tribunal has ordered winding up of the company under chapter xix of the companies act, 2013, a chapter relating to revival and rehabilitation of sick companies; if on an application made by the registrar or any other person authorised by the central government by notification, the tribunal is of the opinion that the affairs of the .....
Tag this Judgment!Court : Supreme Court of India
..... given the aforesaid scheme of winding up under chapter xx of the companies act, 2013, it is clear that several stages are contemplated, with the tribunal retaining the power to control the proceedings in a winding up petition even after it is admitted. ..... the sum and substance of the above discussion would be that the provisions of ibc would have an overriding effect over the tea act, 1953 and that no prior consent of the central government before initiation of the proceedings under section 7 or section 9 ibc would be required and even without such consent of the central government, the insolvency proceedings under section 7 or section 9 ibc initiated by the operational creditor shall be maintainable.21. ..... if the submission on behalf of the appellant that before initiation of proceedings under section 9 ibc, the consent of the central government as provided under section 16-g(1)(c) of the tea act is to be obtained, in that case, the main object and purpose of ibc, namely, to complete the corporate insolvency resolution process in a time-bound manner, shall be frustrated. ..... aj agrochem, (2019) 9 scc725 this court was faced with a situation of conflict between section 16-g(1)(c) of the tea act, 1953, under which winding up/liquidation proceedings were to take place (and which could not take place without prior consent of the central government), and a proceeding initiated under section 9 of the ibc. .....
Tag this Judgment!Court : Karnataka
..... of any area in the state as an industrial area, by the state government under the karnataka industrial areas development act, 1966 (karnataka act no.18/1996) and also the provisions of sections 28 to 31 in chapter vii in the said act relating to acquisition and disposal of land for the purpose of development of industries in such industrial areas notified under section 3 of the act, is questioned as the said provisions are repugnant to the provisions of the 2013 act (central act no.30/2013), which provides for acquisition of land for infrastructure projects ..... limited and others, (2015) 1 scc 166, while examining whether there was any conflict between the sick industrial companies (special provisions) act, 1985 and the recovery of debts due to banks and financial institutions act, 1993, interpreted section 34(2) of the latter act pari materia with section 103 of the land acquisition act, 2013 as follows:- "xxx xxx though the rddb act is the later enactment, sub-section (2) of section 34 specifically provides that the provisions of the ..... the mrtp act deals with planning and development, the acquisition of land being incidental for achieving the object of the act, whereas the land acquisition act and the rfctlarr act are enacted with an object of acquiring the land for public purposes and companies, for determination of the compensation and for the rehabilitation and resettlement of the affected. .....
Tag this Judgment!Court : Karnataka
..... declaration of any area in the state as an industrial area, by the state government under the karnataka industrial areas development act, 1966 (karnataka act no.18/1996) and also the provisions of sections 28 to 31 in chapter vii in the said act relating to acquisition and disposal of land for the purpose of 60 development of industries in such industrial areas notified under section 3 of the act, is questioned as the said provisions are repugnant to the provisions of the 2013 act (central act no.30/2013), which provides for acquisition of land for infrastructure ..... . arihant threads limited and others, (2015) 1 scc166 while examining whether there was any conflict between the sick industrial companies (special provisions) act, 1985 and the recovery of debts due to banks and financial institutions act, 1993, interpreted section 34(2) of the latter act pari materia with section 103 of the land acquisition act, 2013 as follows:- xxx xxx though the rddb act is the later enactment, sub-section (2) of section 34 specifically provides that the provisions of ..... . the mrtp act deals with planning and development, the acquisition of land being incidental for achieving the object of the act, whereas the land acquisition act and the rfctlarr act are enacted with an object of acquiring the land for public purposes and companies, for determination of the compensation and for the rehabilitation and resettlement of the affected .....
Tag this Judgment!Court : Karnataka
..... now, therefore, in exercise of powers conferred under section 210(1)(c) of the companies act, 2013 the central government has formed an opinion that the affairs of the cochin minerals and rutile limited (cin l2429kl1989plc005452), kerala state industrial development corporation limited (cin u45309kl1961sgc001937) and exalogic solutions private limited (opc) (cin u72200ka2014opc076509) ..... accordingly, in exercise of the powers conferred u/s 210(3) of the companies act, 2013 the central government hereby appoints following inspectors: sl.no.name of the designation inspector(s) 25 1. ..... (3) where the investigation into the affairs of a company has been assigned by the central government to serious fraud investigation office, it shall conduct the investigation in the manner and follow the procedure provided in this chapter; and submit its report to the central government within such period as may be specified in the order. ..... therefore, the proceedings under chapter xiv qua section 210 of the act commenced by an order dated 12-01-2024. ..... the learned senior counsel representing the petitioner, sri arvind datar would contend that the proceedings, under chapter xiv of the act which deal with inspection, inquiry and investigation begin against the petitioner, after issuance of notice under sub- 9 section (4) of section 206 of the act. ..... chapter-xiv of the act deals with inspection, inquiry and investigation. .....
Tag this Judgment!Court : Supreme Court of India
..... page 46 of 91 intended to be used for activities relating to his obligations under corporate social responsibility referred to in section 135 of the companies act, 2013 (18 of 2013); (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of section 74 in respect of any period up ..... notwithstanding anything contained in sub-section (1), (a) activities or transactions specified in schedule iii; or (b) such activities or transactions undertaken by the central government, a state government or any local authority in which they are engaged as public authorities, as may be notified by the government on the recommendations of the council, shall be treated neither as a supply of goods nor a supply of services. ..... the expression plant and machinery has been used at least ten times in chapters v and vi of the cgst act, and the expression plant or machinery occurs only once in section 17(5)(d) ..... however, he accepted that the expression plant and machinery occurs ten times in chapter v and chapter vi and the expression plant or machinery occurs only once in section 17(5)(d) ..... for the purposes of this chapter and chapter vi, the expression plant and machinery means apparatus, equipment, and machinery fixed to earth by foundation or structural support that are used for making outward supply of goods or services or both and includes such foundation .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR7; 1995CriLJ1685
..... 1 on september 21, 1988 as director and on june 25, 1990 as managing director is not void ab initio inspite of provisions of section 267 of the companies act in view of order passed by the delhi high court in criminal miscellaneous petition no. ..... 1 is disqualified to hold the post of managing director under section 267 of the companies act, it is entirely immaterial what delhi high court contemplated while passing such order. ..... the consequences flowing from the provisions of section 267 of the companies act do not depend upon the passing of the order by delhi high court ..... 1, did not seriously dispute that the provisions of section 267 of the companies act are mandatory in nature and it is not permissible to appoint or continue a person as managing director of the company on his being convicted of an offence involving moral turpitude. ..... sub-section (2) of section 274 entitles the central government to remove the disqualification incurred by any person either generally or in relation to any company or companies specified in a notification to be published in the official gazette ..... before examining what expression 'execution of the sentence or order' connotes, it is necessary to refer to the provisions of chapter xxix of the code of criminal procedure which deals with appeals. ..... chapter xxvii of the code of criminal procedure deals with the subject of judgment and, inter alia, provides by section 357 that the court imposing a sentence of fine may, while passing the judgment, order the whole or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1115; [1971]41CompCas474(SC); 1971CriLJ827; (1971)2SCC85; [1971]3SCR859; 1971(III)LC439(SC)
..... section 624b of the companies act empowers the central government to present appeals through persons mentioned in that ..... section 624b is as follows :notwithstanding anything contained in the crpc, 1898, the central government may, in any case arising out of this act, direct any company prosecutor or authorise any other person either by name or by virtue of his office, to present an appeal from an order of acquittal passed by any court other than a high court and an appeal presented by such prosecutor or other person shall ..... 44 beadon row, calcutta mentioned therein were guilty of offence for non-compliance with provisions contained in the companies act, 1956 by reason of default in filing annual return of the company together with the annual accounts and balance sheet. ..... section 210 of the companies act requires annual accounts and balance sheet of the company to be filed within the time mentioned in the ..... 624b of the companies act does not confer any right of appeal from any order passed by a criminal court in respect of any offence under the provisions of the companies act. ..... a provision in the companies act which confers right of appeal is section ..... contention on behalf of the appellant that the right of appeal is conferred by section 624b of the companies act is unacceptable. ..... in filing the petitions of complaint prayed for exemption of personal appearance under proviso to section 247 of the crpc read with section 621(1) a of the companies act.4. ..... chapter xxxi of the crpc relates to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All505
..... chapter xxiii, rule 26 of the rules of court lays down that:'in cases not governed by the code, the provisions of order xlv of the code shall, so far as may be and with such adaptations and modifications as ..... , 147, 488 491, 499 (3), 514, 522 and 552 of the code of criminal procedure, though all these proceedings relate to civil rights, they are within the jurisdiction of criminal courts and are governed by the code of criminal procedure and, therefore, they are criminal proceedings.there are many matters relating to civil rights in respect of which proceedings can be taken in criminal courts as well as in civil courts, for ..... would not be justified in taking except under the impugned order, but the unsuccessful party cannot be permitted to take action which is illegal according to the impugned order.permitting a defeated party to act as if the impugned order had not been passed at all does not come within the scope of the words 'give such other direction respecting the subject-matter of the appeal' in clause (d). ..... for the contesting parties also argued that the original jurisdiction exercised in insolvency, matrimonial, probate and company matters of a like nature by the high court was not civil jurisdiction. ..... , in alien berry & company's case (p), that a rule requiring a petition for a writ to be filed before a criminal bench or a civil bench cannot determine the nature of the proceeding for ..... in testamentary, matrimonial and company matters. ..... and general trading company, mathura v. .....
Tag this Judgment!Court : Supreme Court of India
..... 'slot charter' operations of a 'tonnage tax company' liable to be excluded while determining the 'tonnage income' under the 'tts' if such operations are carried on in ships which are not 'qualifying ships' in terms of the provisions of that chapter of the act and the relevant provisions of the income tax rules ..... this chapter, a company is a qualifying company if (a) it is an indian company; (b) the place of effective management of the company is in india; (c) it owns at least one qualifying ship; and (d) the main object of the company is ..... bare reading of this section, option is given to the shipping company, which is operating qualifying ships , to get its income computed in accordance with the provisions of chapter xiig, irrespective of those stipulations otherwise contained in sections 28 to ..... 'deemed tonnage' to include slot charter had to be read along with circular no.05/2005 which was a contemporaneous expositio circular issued after inserting the said chapter and clarifies that the tonnage income shall be further increased by the deemed tonnage which is to be computed in the manner prescribed in rule 11q. ..... chapter iv of the act deals with 'computation of total income' and as per the scheme of the act, such a computation of total income is governed by five heads which are provided in section 14 of the act ..... in the scheme on the basis of the recommendations contained in the report given in january, 2002 by the rakesh mohan committee, which was appointed by the government. .....
Tag this Judgment!