Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxvi nidhis Court: karnataka Page 1 of about 1,206 results (0.107 seconds)

IAE International Aero Engines AG, Represented herein by its Attorney, ...

Court : Karnataka

..... though the new companies act, 2013 has been enforced in india and some jurisdictions under that new law have been transferred from this court to national company law tribunal, but under the recently issued notification dated 07/12/2016 by the central government, the winding up petitions in which respondent - company had already been served with the court summons have been retained in high courts and are to be disposed of by the high ..... . sections 528 and 529 of the 'act' are in the chapter "proof and ranking of claims" and deal with the question of proof of debts and the rights of ..... of the director on such visits to stay at a manchester hotel which was used as regular place of business for the company and to which, the correspondence was addressed and the company kept banking accounts in london, but it was contended by the respondent - company that the company could not be wound up under section 338 of the indian companies act, 1929, since it never had an established place of business under the jurisdiction of the courts within the meaning ..... the consortium of banks and the offerors in various pending proceedings, and subject to the hon'ble supreme court/company court granting the requisite permission under section 536 of the companies act, 1956 to kfa and ubhl, the offerors with a view to amicably settle all disputes and differences with the consortium of banks/asset re-construction company shall, in full and final settlement of all the dues and claims made or raised by the .....

G.T. Swamy and anr. Vs. Goodluck Agencies and anr.

Court : Karnataka

Reported in : [1990]69CompCas819(Kar); ILR1988KAR3147

..... the cases have been collected in buckley's commentary on the companies acts of england, under section 256 of the companies act, 1948, page 533 of the 13th edition, 1957, and in halsbury's laws of england, in paragraphs 1397 and 1398, volume 6, and in palmer's company precedents, part ii, chapter 12. ..... vijayashankar, learned counsel appearing for the official liquidator, has contended that under the scheme of the companies act, once the winding up order is made, what is left to the court under part vii of the act is@ to stay further proceedings pursuant to the winding-up order as provided for under section 466 of the act and this court has no inherent power under rules 8 and 9 to recall the order of winding up. ..... under a master and servant relationship and the interest of the public as consumers or otherwise was a totally irrelevant consideration and it can have no validity in the present times when the entire concept of a company has changed and it has been transformed into a dynamic socioeconomic institution in which capital and labour are both equal partners, possibly with heavy weightage in favour of labour, and the interest of the public as consumers as ..... a similar question about the powers of the court to issue a commission in the exercise of its powers under section 151 of the code in circumstances not covered by section 75 and order xxvi arose in padam sen v. .....

Chandra Spinning and Weaving Mills (P.) Ltd. and Others Vs. Registrar ...

Court : Karnataka

..... , there shall be filed with the registrar within thirty days from the date on which the balance-sheet and the profit and loss account were so laid or where the annual general meeting of a company for any year has not been held, there shall be filed with the registrar within thirty days from the latest day on or before which that meeting should have been held in accordance with ..... under section 220(1) of the companies act, 1956 (1 of 1956), ('the act' for short), the company was required to submit three copies of the balance-sheet and the profit and loss account for the accounting year ended on june 30, 1980, to the registrar of companies in karnataka within 30 days from the date when the balance-sheet and the profit and loss account were laid before the annual general meeting, or in case where the ..... loss account, signed by the managing director, managing agent, secretaries and treasurers, manager or secretary of the company, or if there be none of these, by a director of the company, together with three copies of all documents which are required by this act to be annexed or attached to such balance-sheet or profit and loss account : provided that in the case of a private company, copies of the balance-sheet and copies of the profit and loss account shall be filed with the ..... by the new provisions in chapter xxxvi of the code, limitation has been prescribed for the first time for launching criminal prosecution in regard to offences not punishable with imprisonment for a term exceeding .....

D. K. Abdul Khader and Others Vs. Union of India and Others[Overruled]

Court : Karnataka

Reported in : ILR2001KAR1809; 2001(2)KarLJ534

..... unless he has held the office of presiding officer of debt recovery tribunal for at least three years, so these provisions are not hit by article 50 of the constitution and further article 50 is part of chapter iv providing for directive principles of state policy and those provisions are unenforceable and cannot and ought not to be taken note in judging the vires of the provisions of theact and further as regards selection of presiding ..... is issued against a company registered under the companies act, 1956, the tribunal may order the sale proceeds of such company to be distributed among its secured creditors in accordance with the provisions of section 529a of the companies act, 1956 and to pay the surplus, if any, to the company. ..... it further provides that only for all the purposes of section 195 and chapter xxvi of the code of criminal procedure only the tribunal and appellate tribunal shall be ..... the state to apply those principles in enacting the law, definitely any law made in abrogation of or in conflict with or in breach of the provisions of chapter iv, may be said to be in breach of the mandate of article 37, and may be held to have been made beyond the scope of legislative power. ..... that article 37, as mentioned earlier, mandates that 'though provisions contained in chapter iv may not be enforceable by issuance of writ nevertheless those provisions are fundamental to the governance of the country and then it puts an obligation that it shall be the duty of the state to apply .....

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 ..... 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 ..... 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. ..... learned senior counsel for the appellant, has raised certain contentions with regard to the learned trial court not considering the relevant provisions of the companies act dealing with acceptance of resignation of a director, and with transfer of shares. ..... section 56 of the companies act, a company shall not register a transfer of securities of the company, unless the deed of the transfer of shares is delivered to the company along with the share ..... learned senior counsel, has reiterated his elaborate arguments with regard to the fact that the learned civil court should have considered the relevant provisions of the companies act in order to decide if the alleged resignation of the mr. .....

A. Narasimhaiah and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2001CriLJ4293

..... industry, trade or banking, receiving or having received any financial aid from the central government a state government or from any corporation established by or under a central, provincial or state act, or any authority or body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956).the definition of 'public duty' in clause (b) of section 2 is 'a duty in the discharge of which the state, the public or the community ..... . this being the position, even though the legislatures had incorporated the provisions of section 21 of the indian penal code into the co-operative societies act in order to define a 'public servant' but those 'public servants' cannot be prosecuted for having committed the offence under the indian penal code.it was then observed : ..... contention urged is that no order has been issued under section 5 of the delhi special establishment act (hereinafter referred to as the act) after the offence were specified under section 3 of the act and, therefore, the purported consent of the state government is an infructuous exercise and has ..... the notification reads as follows :in pursuance of the provision contained in section 6 of the delhi special police establishment act, 1946 (act xxv of 1946), the government of karnataka is pleased to accord consent to the extension of powers and jurisdiction to the members of the delhi special police establishment for registration ..... our attention to chapter v of .....

Basavaraj Chenna Naik Vs. General Manager

Court : Karnataka

Reported in : ILR1985KAR2172; 1985(2)KarLJ371

..... of civil procedure for taking evidence and of enforcing attendance of witnesses and compelling production of documents and when such authority is deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure, it would imply that such powers are given to the authority not in his capacity as persona designate but in his capacity as the presiding officer of the court ..... it is held that the district judge is a court subordinate to the high court.the full bench held that the district judge referred to in section 50(2) of the rent control act is a court subordinate to the high court and is not a persona designate and that a petition under section 115 would lie notwithstanding the fact that the revisional order under section 50(2) ..... his directions touching the matters mentioned in the first part of sub section (7) and that such authority shall be deemed to be a court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure which is the additional power conferred upon the authority for discharging its functions effectively. ..... appointed under sub-section (1) shall have all the powers of a civil court under the code of civil procedure (act 5/1908) for the purpose of taking evidence and enforcing attendance of witnesses andcompelling the production of documents and every such authority shall be deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure, 1898.7. .....

Bnp Paribas Vs. United Breweries (Holdings) Limited (Dr. Vijay Mallya) ...

Court : Karnataka

..... therefore, on 5th november 2012, the petitioner presented this petition for an order of winding up the respondent under the provisions of the companies act and for other consequential reliefs.o.s.a.no.26/2013 / company petition no.121/2012 4.the petitioner rrpf engine leasing limited is a company incorporated under the laws of england, having its registered office at 65 buckingham gate, london sw1e 21 6at, england and is engaged in the business of renting air transport equipments, including aircraft engines.5.the petitioner and ..... appeals are preferred against the common order passed by the learned company judge in company application nos.437, 441, 440, 439 and 438/2012 in company petition nos.122, 121, 248, 185 and 57/2012 decided on 24th may 2013, where on an application filed under section 536(2) read with section 537(1) of the companies act, 1956 (for short hereinafter referred to as the act ), granted permission to the company to sell 13,612,591 equity shares of united spirits limited (usl ..... is filed under section 483 of the companies act, 1956 r/w section 4 of the karnataka high court act 1961, praying to set aside the order dated 24-05-2013 passed by the learned single judge in company application no.437, 441, 440, 439 and 458 and 2013 in company 18 petition no.122, 121, 248, 185 and 57 of 2012 and set aside all actions taken by the respondent no.1 pursuant to the order dated 24-05-2013 passed by the learned single judge in company application nos.437, 441, 440 .....

M/s Rajesh Exports Ltd Vs. Mr Kv Kishore

Court : Karnataka

..... under the second proviso to sub- section (1), however, the designated partner in respect of the liability partnership or the officer in default, as defined under section 2(60) of the companies act, 2013, or every person, who was, in any manner, in charge or responsible to the corporate debtor for the conduct of its business, will continue to be liable to be prosecuted and punished for the 24 offence committed by the corporate debtor. ..... dealing with the issue as to whether for continuing with the proceeding for eviction filed before the rent controller, leave of the company court under section 446(1) of the companies act was essential, was pleased to hold that, the object of section 446 of the companies act, 1956, is to see that the assets of the company are brought under the control of the winding up court; to avoid wherever possible expensive litigation and to see that all matters in dispute ..... krishna dassi, (1933) 3 comp cas 269, while dealing with section 171 of indian companies act, 1913, predecessor of section 446(1) of the companies act, 1956, held that; section 171 of indian companies act, 1913, was intended to safeguard the company's assets against wasteful and expensive litigation with regard to the matters which are capable of determination more expeditiously and more cheaply in the winding up and that the provision is not meant to override section 145 of .....

Aadyaarush Power Projects Pvt Ltd Vs. State Of Karnataka

Court : Karnataka

..... , a company registered under companies act,2013, having its registered office at13912, 5th main road, chamrajpet, bengaluru 560 018 represented by its director, mr. ..... , for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licensee; (f) adjudicate upon the disputes between the licensees, and generating companies and to refer any dispute for arbitration; (g) levy fee for the purposes of this act; (h) specify state grid code consistent with the grid code specified under clause (h) of sub-section (1) of section 79; (i) specify or enforce standards with respect to quality, continuity and reliability ..... bengaluru electricity supply company limited, a company registered under the provisions of companies act, 1956 having its registered office at k.r.circle , bengaluru 560 001 represented by its managing director.5. ..... , a company registered under companies act, 1956, having its registered office at kaveri bhavan, k.g.road, bengaluru 560 009 represented by its managing director.5. ..... , a company registered under companies act, 1956, having its registered office at no.39, shanthigruha, bharath scouts & guides building, palace road, gandhi nagar, bengaluru 560 001 represented by its managing director.4. ..... , a company registered under companies act, 1956, having its registered office at k.r.road, bengaluru 560 001 represented by its managing director.3. .....