Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxvi nidhis Page 1 of about 6,964 results (0.199 seconds)

V Nagarajan Vs. Sks Ispat And Power Limited

Court : Supreme Court of India

..... 61 of the ibc, begins with a non-obstante provision - notwithstanding anything to the contrary contained under the companies act, 2013 when prescribing the right of an aggrieved party to file an appeal before the nclat along within the stipulated ..... it held, in the context of a winding up petition under the companies act, that the aggrieved party could wait till it received its free copy under section 420(3) of the companies act 2013 read with rule 50 of the nclt rules, and was not obligated to file an application for a 17 part c certified copy for the purposes of ..... to a person aggrieved by an order under the ibc to await the receipt of a free certified copy under section 420(3) of the companies act 2013 read with rule 50 of the nclt and prevent limitation from running. ..... chapter xxvii of the companies act details the functioning of the newly established nclt and nclat, including the procedural ..... parag gupta and associates13 had noted that the provisions of chapter xxvii of the companies act would apply to proceedings under the ibc at the nclt, as section 408 of the companies act constitutes the nclt to discharge authority under the companies act, and under any other law for the time being in force ; f) appellants seeking to assail orders of judicial forums that upload copies of their orders on their website are usually exempt from ..... an appeal is a creature of statute and must have the clear authority of law.19 the ibc envisages a comprehensive dispute resolution process in chapter vi. .....

Cushrow Russy Irani Vs. the State and anr.

Court : Kolkata

Reported in : 1977CriLJ160

..... is in the interest of the state and on the ground of public policy the delay is condoned under section 473 of the code of criminal procedure for taking cognizance under section 372 of the indian companies act.on the same date he took cognizance and issued processes against the accused petitioner fixing 9-2-76 for appearance. ..... banerjee's further grievance was that the enquiry under the companies act was taken up sometime in 1971 and that it was only in july 1973 registrar of companies, west bengal wrote to the statesman limited regarding acquisition ..... the acquisition of 95 shares by the statesman limited did not contravene the provisions of sub-section (4) of section 372 of the companies act inasmuch as the first proviso to that sub-section read with section 81 of the companies act was applicable in the present case. ..... section 473 runs as follows:extension of period of limitation in certain case- notwithstanding anything contained in the foregoing provision of this chapter any court may take cognizance of an offence after the expiry of the period of limitation if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so ..... scheme in the criminal procedure code does not provide for such an opportunity to an accused of being heard before consideration of the question of limitation in accordance with the provisions of chapter |xxxvi of the code. ..... chapter xxxvi of this code deals with limitation for taking .....

Ai Champdany Industries Limited. Vs. Blancatex A. G. and ors.

Court : Kolkata

..... :what is commonly known as representative and derivative action in company law has been codified in chapter vi of the companies act, 1956 with the title prevention of oppression and mismanagement. ..... except after obtaining the consent of the party concerned; (f) the setting aside of any transfer, delivery of goods, payment, execution or other act relating to property made or done by or against the company within three months before the date of the application under section 397 or 398, which would, if made or done by or against an individual, be deemed in his insolvency to be a fraudulent preference; (g) any other matter ..... (iii) (iv) (v) the manager, upon such terms and conditions as may, in the opinion of the [tribunal], be just and equitable in all the circumstances of the case; (e) the termination, setting aside or modification of any agreement between the company and any person not referred to in clause (d), provided that no such agreement shall be terminated, set aside or modified except after due notice to the party concerned and provided further that no such agreement shall be modified ..... (4d) every bench shall be deemed to be a civil court for the purposes of section 195 and [chapter xxvi of the code of criminal procedure, 1973 (1 of 1974) and every proceeding before the bench shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code (45 of 1860) and .....

P.S. Bedi and Others Vs. Registrar of Companies, Delhi, and Haryana

Court : Delhi

Reported in : [1986]60CompCas1061(Delhi); ILR1985Delhi260

..... under section 633(2) of the companies act was moved by some members of the managing committee of the chelmsford club in which they stated that there were apprehensions that the registrar of companies was likely to prosecute them under various provisions of the companies act and, thereforee, he should ..... was contended that the prosecutions had already been set in motion and, thereforee, the provisions of section 633(1) of the companies act came into operation and the company court could not adjudicate upon the controversies raised in the petition. ..... petition under section 633(3) of the companies act for intervention and stated that he has been a member of the club for a fairly long time and that there existed circumstances which necessitated the filing of the prosecutions against the petitioners and that as such the company court should not at this belated stage ..... this petition under section 633(2) of the companies act was issued to the registrar of companies who appeared on may 26, 1983, and sought ..... so far as the provisions contained in section 633(1) of the companies act are concerned, they are quite explicit that once the prosecution has been started by filing of the complaint, the only court competent to entertain any objection to ..... reference to chapter xxxiv of the clarifications and circulars on company law issued by the company law board which provides that prosecution should not be started after application for relief has been filed by any officer of the company under section .....

Thomas Philip Vs. Asst. Registrar

Court : Kerala

Reported in : [2006]131CompCas842(Ker); 2005CriLJ3204; 2005(3)KLT387; [2006]71SCL344(Ker)

..... to put it in a nut shell, the principal allegation against them under section 628 of the companies act is that there were fictitious entries in the books of accounts and the balance sheet for the period 1995-96 ..... an offence punishable under section 628 of the companies act is punishable with imprisonment for a period which may extend to two years and fine ..... 1 to 3, in a criminal prosecution under section 628 of the companies act initiated against them by the first respondent. ..... the madras high court in the decision referred above was dealing with a prosecution under section 374 for violation of section 372 of the companies act. ..... learned counsel for the petitioners relies on regulation 17 of the companies regulations framed in 1956 to contend that the registrar on receipt of a document, like the balance sheet in the instant case shall examine or cause to be examined every document received in his office, which is required or authorised by or under the act to be registered, recorded or filed. ..... to raise all contentions, including the contention that the registrar had known about the commission of the offence or must be attributed with constructive knowledge of the commission of the offence under section 469(1)(b) of the act on the date of filing of the complaint or on any later date as to start the clock of limitation. ..... for the short reason that the complaint is belated and barred by the provisions relating to limitation in chapter xxxvi of cr.p.c. ..... petitioners are directors of a company. .....

Bank of Rajasthan Limited Vs. State of Bihar and anr.

Court : Patna

..... it is alleged that the limitation of time for issuing such certificate as has been prescribed under section 113 of the companies act, is two months after the date of application for registration of the transfer of shares. ..... (4d) every bench shall be deemed to be a civil court for the purposes of section 195 and (chapter xxvi of the code of criminal procedure, 1973 (2 of 1974)), and every proceeding before the bench shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code, 1860 (45 of 1860), and ..... counsel further submitted that the offence committed by the accused persons is the offence against the companies act, and, therefore, the magistrate has jurisdiction to try such offence. 6. ..... a perusal of the definition of court as defined under section 2(11) of the act read with section 10e of the companies act, it is manifest that irrespective of any matter relating to company other than any offence against this act, the court constituted and vested with the power under section 10e shall have the jurisdiction to decide and adjudicate the matter relating to company. ..... 437 of 1997, under section 113(2) of the companies act, 1956, now pending before the judicial magistrate, first class, ranchi. ..... persons evidencing transfer of the shares in the name of the complainant nor has he received any reply in spite of reminders and, thereby the accused persons have committed an offence as prescribed under section 113(2) of the companies act. 3. .....

Sh. Jasbir Singh and Others Vs. State of Himachal Pradesh

Court : Himachal Pradesh

..... (supra) is a case where magistrate held that appellants complaints against the respondents alleging offence under section 630(1) (b) of the companies act by not vacating the companys quarters as required by it even more than six months after retirement of the respondents, were barred by limitation and the same could not be taken into consideration. ..... prosecutions, in cases of this nature, should give due weight and consideration to the provisions of section 473 of the code which is in the nature of an over-riding provision and according to which, notwithstanding anything contained in the provisions of chapter xxxvi of the code of criminal procedure, any court may take cognizance of an offence after the expiration of the period of limitation if, inter alia, it is satisfied that it is necessary to do so in the interest of justice. ..... the criminal complaint against the petitioner was filed for offence under section 630(1)(b) of the companies act. ..... beguram (supra) is also a case under section 630 of the companies act. ..... beguram was an employee of m/s jaipur udhyog sawai madhopur, he retired on 07.08.1978, but did not vacate free quarter of the company allotted to him while he was in service. .....

Corporation of Calcutta and anr. Vs. Liberty Cinema

Court : Supreme Court of India

Reported in : AIR1965SC1107; [1965]2SCR477

..... but the regulation of an activity for carrying on a business in certain premises and which are dealt with in chapter xxvi of the act--"inspection and regulation of premises, and of factories" cannot be equated with the subject-matter of a tax on ..... part of the dominion, pointing out that in this legislation there are to be found numerous provisions relating to the curing and marketing of fish, and he urges that the british north america act, 1867, must be construed in the light of the earlier legislation, and that the word 'fisheries' must be given such a meaning as is wide enough to include at any rate the operations ..... act with which chapter xxvi ..... in the budget estimates the corporation shall among other things (a)make adequate and suitable provisions for such services as may be required for the fulfilment of the several duties imposed by this act, (aa) make adequate provisions for depreciation of machinery belonging to the corporation, as far as may be possible, (b)provide for the payment as they fall due of all instalments of ..... taxed under this head are divided into 10 classes depending upon the amount of business carried on and in the case of companies, their paid-up capital and in the case of individuals, of their annual income and in respect of each class the fee ..... coal company who moved ..... apollo candle company, limited(1) the rate of the custom duty was laid ..... from pre- constitution times that was challenged by a civil suit filed in the bombay high court by the appellant company. .....

Liberty Cinema Vs. the Commissioner, Corporation of Calcutta and anr.

Court : Kolkata

Reported in : AIR1959Cal45

..... section 443 of the act is contained in chapter xxvi, which is entitled 'inspection and regulation of premises, and of factories, trades and ..... madhya pradesh : [1954]1scr1122 , it was held that explanation (ii) to section 2 (g) of the central provinces and berar sales tax act, 1947 as amended by act xvi of 1949, being ultra vires, any imposition of sales tax was without authority of law, and that being so, a threat by the state by using the coercive machinery of the impugned act to realise it amounted to an infringement of the appellant's fundamental right under article 31 of the constitution, and the appellant was entitled ..... chapter xxvi is again contained in part v which is headed 'public ..... i, therefore, hold that the imposition that is sought to be made under section 443 read with section 548 (2) of the act in the present case is not in the nature of a tax but is in the nature of a licence fee and that it has not passed the tests of legality, inasmuch as there is no correlation between the quantum that is ..... (2) assuming however, that the imposition is a tax & not a fee, then the provisions contained in section 548 (2) of the act are ultra vires & beyond the competence of the state legislature & the corporation of calcutta and as such void, for the following reasons: (a) because there has been an improper delegation by the legislature to ..... the petitioners in all these cases are either a company or a firm carrying on the business or running a cinema house in the city of calcutta, .....

Ravindra Ramchandra Waghmare Vs. Indore Mun.Corp. and Ors.

Court : Supreme Court of India

..... procedure to be followed in respect of these appeals, provision is made in section 434 sub-section (1) whereof is save as expressly provided by this chapter (chapter xxvi) the provisions of the code of civil procedure, 1908, relating to appeals from original decrees shall apply to appeals to the judge from the orders ..... procedural safeguards in case the property is acquired under the provisions of the land acquisition act, 1894 or the act of 2013 by way of holding inquiry, such exercise has already been taken care of ..... party be determined by the district court which shall, in cases, in which the compensation is claimed in respect of land, follow as far as may be the procedure provided by the land acquisition act, 1894, for proceedings in matters referred for the determination of the court : provided that- (a) no application to the collector for a reference shall be necessary, and (b) the court shall have ..... immovable property or any easement affecting any immovable property or whenever any immovable property or any easement affecting any immovable property vested in the corporation is required for the purposes of this act, the government may in its discretion upon the application of the commissioner made with the approval of the mayor-in-council order proceedings to be taken for acquiring the same on ..... provisions cannot be pressed into service or resorted to if the acquisition of land is for companies; however, we must be quick to add that this question does not arise before us. .....