Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxix miscellaneous Page 2 of about 2,760 results (0.095 seconds)

S. Srinivasan, Chairman and Chief Executive Officer, Bharat Overseas B ...

Court : Chennai

Reported in : 2000(2)CTC41

..... reserve bank of india : air1962sc1371 , while considering the validity of the banking companies act (1949), sections 38(1) and (b) (iii), the supreme court in paragraphs 18 and 22 respectively observed thus:'but the most important function of the reserve bank is to regulate the ..... it is now acknowledged even in highly developed countries like the united states and england that maximisation of social welfare should be the legitimate goal of a company and shareholders should be regarded not as proprietors of the company, but merely as suppliers of capital entitled to no more than reasonable return and the company should be responsible not only to shareholders but also to workers, consumers, and the other members of the community and should be guided by considerations ..... that originally the writ petition was filed by the first respondent and thereafter, respondents 2 and 3 were impleaded as petitioners 2 and 3 in the writ petition by virtue of the order made by this court in writ miscellaneous petition nos.17777 and 17778 of 1998.5. ..... it may also to be pointed out that section 46a of the act is to effect that every chairman who is appointed on a whole-time basis, managing director, director, auditor-shall be deemed to be a public servant for the purpose of chapter ix of the indian penal code.'21. ..... 1055, the apex court considered the question of retrenchment and also the validity of chapter 5b of the industrial disputes act, 1947. ..... chapter 3b expressly deals with regulations of deposit and .....

M.R. Pratap Vs. V.M. Muthukrishnan, Income-tax Officer

Court : Chennai

Reported in : [1977]110ITR655(Mad)

..... family can be prosecuted, and, therefore, by virtue of the said new amendments, the legislature in its wisdom has thought it fit to bring the managing director also along with the company as accused person only by this amendment which takes effect from october 1, 1975, and this introduction of the amendment will go in support of the petitioner's case that the legislature itself ..... accused has abetted the first accused in committing the above offence and thereby has committed an offence punishable under section 278 of the act ; and (3) that both the accused have conspired to fabricate the company's cash book, ledger and other documents, showing therein inflated amounts for expenditure and also vouchers in support thereof and thereby committed ..... as proceedings in any court for the purpose of section 195(1)(b), criminal procedure code, and that that would really carry out the intention of the legislature in enacting section 37(4) of the act and that where, therefore, an offence under section 193, indian penal code, is committed in respect of the proceedings before the income-tax officer, complaint by that officer is a ..... it is apparent that though section 279(1) covers almost all the penal provisions of the said chapter, sub-section (1a) of the said section provides that no prosecution shall be instituted for an ..... by the miscellaneous petition, the petitioner has submitted that in case the legal contentions raised in the revision petition as to the maintainability of the complaint against .....

Sadanand S. Varde and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)

..... hence, it is contended that a no objection certificate by the appropriate authority under chapter xx-c is not a prescribed condition precedent under section 391 of the companies act and, therefore, is a factor wholly irrelevant, immaterial and non-germane for consideration at the time of sanctioning of the amalgamation scheme. ..... the petitioners, by a side wind in the name of public interest litigation, cannot challenge the amalgamation scheme which has been sanctioned and validly carried out in accordance with the provisions of the companies act.we are of the view that the amalgamation, which has become final and binding, cannot be permitted to be challenged by the petitioners, without locus standi, in a collateral proceeding in the present writ petition. ..... view of the statute taken by the appropriate authority and nol on account of any external circumstances.it is urged for the sixth and ninth respondents that before a petition is entertained under section 394 of the companies act for sanctioning theamalgamation of a scheme, the court under section 394a of the act is required to give notice of such application to the central government and take into consideration the representations, if any, made to it by the government before passing any order. ..... this miscellaneous petition came to be dismissed by this court. .....

Madhumilan Syntex Ltd. and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2007SC1481; 2007(2)BLJR1409; (2007)208CTR(SC)417; 2007(210)ELT484(SC); [2007]290ITR199(SC); JT2007(4)SC542; (2007)147PLR717; 2007(5)SCALE68

..... such' the court observed that there was no clear averment that the directors were in charge of and responsible for the conduct of business and the complainant has merely presumed that the directors of the company must be guilty because they were holding a particular office.this court, in the circumstances, observed;so far as the manager is concerned, we are satisfied that from the very nature of his duties it ..... inter alia, defines 'director' in relation to a company having the meaning assigned to it in the companies act, 1956. ..... in our opinion, however, no such independent and separate notice is necessary and when in the show cause notice it was stated that the directors were to be considered as principal officers under the act and a complaint was filed, such complaint is entertainable by a court provided it is otherwise maintainable.in view of the aforesaid discussion, the sanction to prosecute granted by the second respondent cannot be held illegal or ..... (indore bench), by filing miscellaneous criminal petition under section 482 of the ..... pay to the credit of the central government, the tax deducted at source by him as required by or under the provisions of chapter xvii-b he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.section 278b covered cases where offences were committed by companies. ..... chapter xxii ..... chapter xvii deals with 'collection and recovery of tax' and 'deduction .....

Aig (Mauritius) Llc Vs. Tata Televentures (Holdings) Ltd. and anr.

Court : Delhi

Reported in : 2003IIAD(Delhi)672; 103(2003)DLT250

..... the question which calls for determination is whether, in the factual matrix disclosed in the pleadings of the parties to this petition, section 395 of the companies act, 1956 (hereinafter referred to as `the act') could have been invoked by the respondents with the intent of compulsorily acquiring the entire shareholding of the petitioner, namely, aig (mauritius) llc in the erstwhile respondent no.2, tata cellular ..... this provision had replaced section 153-b of the indian companies act, 1913 (hereinafter referred to as `the old act'); and corresponds in substantial measure to section 209 of the english companies act, 1948 and section 124(1) of the companies act, 1934 (canada); the only difference being sub-section 4-a, which has been introduced into our ..... very mischief that had propelled and convinced the court of appeal to hold that section 209 of the english act, which is analogous to section 395 of the companies act, 1956 could not have been invoked by the majority in the bugle press case (supra). ..... i hold in favor of the petitioner and against respondent no.1 on the preliminary issue that the provisions of section 395 of the companies act, 1956 do not apply to the facts of this case and the respondents reliance thereon is contrary to law. ..... the word 'arbitration' in the chapter is a misleading anachronism since section 389, which was concerned with the powers of a company to refer matters to arbitration, has been omitted from the statute by the companies (amendment) act 1960. .....

Sarva Shramik Sanghatana a Trade Union Registered Under the Trade Unio ...

Court : Mumbai

Reported in : 2007(5)BomCR498; (2008)ILLJ1067Bom

..... industries textiles limited, a company registered under the companies act, 1956, respondent no. ..... the relevant part of the said letter reads as under:this has reference to our application dated 13th february, 2007, submitted under section 250(1) of the industrial disputes act,to your goodself for permission for closure of the textile undertaking at worli called as century mills, for the detailed reasons given in the annexures to the said application.the hearing of the said application has ..... , according to the petitioner, on 9th april, 2007, the minister for labour, government of maharashtra, invited the management of the company and the representative of the petitioner union to discuss the problems faced by the century mill workers and the management. ..... 'certain developments have taken place which left the management to consider various other options, hence the applicant company has decided to withdraw the application dated 13.2.2007 without prejudice to the rights to submit the said application, as and when ..... commissioner of labour noticed this fact in paragraph 4 of his order as it is clear that in paragraph 5 of the order the commissioner observed that the request made by the company can be allowed without hesitation and permitted to withdraw the closure application dated 13th february 2007.21. ..... chapter vii deals with miscellaneous ..... procedure is applicable when an employer intends to close down an undertaking of an industrial establishment to which chapter va is applicable. .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... 311, the facts were that an order was issued on behalf of the company law board under section 237(b) of the companies act appointing four inspectors to investigate the affairs of the appellant-company on the ground that the board was of the opinion that there were circumstances suggesting that the business of the appellant-company was being conducted with intent to defraud its creditors, members or any other persons ..... article 365, which incidentally does not occur in part xviii, but in part xix (miscellaneous) merely says that where any state has failed to comply with or give effect to any directions given by the union of india in exercise of its executive power under my of the provisions of ..... ayodhya only by way of a symbolic righting of historic wrongs, so that the old unhappy chapter of acrimony could be ended, and a grand national reconciliation effected. ..... the provisions of the constitution include the chapter relating to fundamental rights, the chapter relating to directive principles of the state policy ..... may/june, 1991 mid-term poll states that the bjp 'seeks the restoration of ram janambhoomi in ayodhya only by way of a symbolic righting of historic wrongs, so that the old unhappy chapter of acrimony could be ended, and a grand national reconciliation effected. ..... the said words cannot be limited or confined to a particular chapter in the constitution or to a particular set of articles, while construing a constitutional provision, such a limitation ought not to be ordinarily .....

Tube Investments of India Limited Represented by Its Vice President, T ...

Court : Chennai

Reported in : (2009)226CTR(Mad)313; [2009]185TAXMAN438(Mad)

..... to a resident, or amounts payable to a contractor or sub-contractor, being resident, for carrying out any work (including supply or labour for carrying out any work), on which tax is deductible at source under chapter xvii-b and such tax has not been deducted or, after deduction, has not been paid during the previous year, or in the subsequent year before the expiry of the time prescribed under sub-section ..... 42,00,000/- as per book profits provided under the companies act, it would take five other financial years to adjust the whole of the additional tax paid which would result in a loss mounting in each of the subsequent years to the disadvantage of the ..... provisions of the rules and notifications of the cbdt and that no such safety valve has been provided in respect of contractors, the answer can be straightaway held to be available under section 197 of the act, where similar such benefit has been extended in respect of any person to whom sections 192, 193, 194, 194a, 194c, 194d, 194g, 194h, 194i, 194j and 194la including section 195 applies. ..... , 1691, 2478, 2479, 3330, 3331, 1056, 1057, 1717, 1718, 2013 and 2014 of 2008, contended that the object of introduction of section (a)(ia) by the parliament was to augment the tds recovery provided under chapter xvii-b, for which there are various provisions contained in chapter xvii c,d,e and f in as much as the entire chapter xvii deals with recovery of tax in different situations by different modes.12. ..... all the miscellaneous petitions .....

M/s. Alliance University Chikkahagade Cross, Represented by Chancellor ...

Court : Karnataka

..... section 168 of the companies act, 2013 prescribes the procedure for acceptance of a resignation by a ..... 7) despite the elaborate arguments raised by the learned senior counsel for the appellant that the learned trial court should have considered the relevant provisions of the companies act with regard to transfer of shares, and with regard to the resignation of a director from the board of directors, the learned trial court is not expected to hold a mini-trial at the initial stage of considering the temporary ..... hidden from the purview of the learned trial court, or whether any fraud was practiced by the respondents either on the sponsoring body or on the roc, or on the civil court itself, or whether the provisions of the companies act were followed by the respondents while accepting the alleged resignation of mr. ..... , the learned senior counsel, has merely elaborated on the contentions raised by him in the previous miscellaneous first appeal, discussed above. 59. ..... xxix, rule 1 of cpc does not buttress the appellant's case. 38. ..... xxix, rule 1 of cpc, the chancellor would need to be authorised by the body ..... xxix, rule 1 of ..... xxix, rule 1 of cpc, but even the said contention is unacceptable for two reasons: firstly, once there is a special law specifically dealing with the right to file a suit by the university, the special law would ..... xxix, rule 1 cpc would be applicable, even then, ..... xxix, rule 1 of ..... xxix, rule 1 of cpc, a pleading may be signed and verified on behalf of a corporation by any .....

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

..... contended that the writ petitioner who is neither a shareholder nor a creditor of dpcl has no right to challenge the decision of dpcl under the provisions of the companies act, 2013 much less by way of writ petition under article 226 of the ..... (iii) matters which affect the relations of the government with any state government , the supreme court of india or the high court of delhi; (iv) proposals or matters required to be referred to the central government under the act or under chapter v; (v) matters pertaining to the lieutenant governor's secretariat and personnel establishment and other matters relating to his office; (va) matters on which lieutenant governor is required to make order under any law or instrument in force; (vi) ..... may by standing orders in writing, regulate the transaction and disposal of the business relating to his executive functions: provided that the standing orders shall be consistent with the provisions of this chapter, chapter v and the instructions issued by the central government for time to time ..... to the nonparticipation of the governor in legislative functions, is postulated under article 213 (contained in part vi chapter iv of the constitution), which apparently vests with the governor, some legislative power ..... take a different view and no reference to the central government is required in terms of the proviso to clause (4) of article 239aa of the constitution read with chapter v of the transaction of business of the government of nct of delhi rules, .....