Court : Rajasthan
Reported in : 1988CriLJ1452; 1987(1)WLN238; 1989WLN(UC)502
..... him with a fine of rs. 200/-. along with this sentence, the chief judicial magistrate also passed an order under sub-section (2) of section 630 of the companies act ordering the petitioner to deliver up the said quarter to m/s. jaipur udhyog ltd. within three months of the date of his judgment ..... jaipur udhyog ltd filed a criminal complaint against the petitioner in the court of the chief judicial magistrate, sawai madhopur for the offence under section 630(l)(b) of the companies act. the chief judicial magistrate, sawai madhopur by his judgment dated sept. 11,1986 held the petitioner guilty for the said offence and punished ..... of the order passed by the chief judicial magistrate under sub-section (2) of section 630 of the companies act.3. the first contention advanced by mr. garg is that section 630 of the companies act is only applicable with respect to movable property because sub-section (2) of the said section used the words 'deliver up' or'refund' and these words .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj118; [1961]31CompCas77(Raj)
..... the contention of the learned counsel that the petitions do not disclose any material on which action can be taken under section 235 of the companies act read with section 45-h of the banking companies act is, therefore, not entertainable.7. the learned judge after examination of the relevant available records of the bank and the ..... own personal losses. he is, therefore, liable to repay those amounts as ordered by the learned judge with interest under section 235 of the companies act, 1913, read with section 45-h of the banking companies act.18. these appeals therefore, must fail andare hereby dismissed with costs. the order of thelearned judge under appeal is upheld. ..... be decided is the question of fact; whether the liquidator has succeeded in making out a prima facie case under section 235 of the indian companies act, 1913, read with section 45-h of the banking companies act of 1949 against the respondent vastulal. mr. c. l. agarwal for the appellant has contended that the allegations .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]61CompCas744(Raj)
..... him with a fine of rs. 200. along with this sentence, the chief judicial magistrate also passed an order under sub-section (2) of section 630 of the companies act ordering the petitioner to deliver up the said quarters to m/s. jaipur udhyog ltd. within three months of the date of his judgment ..... jaipur udhyog ltd. filed a criminal complaint against the petitioner in the court of the chief judicial magistrate, sawai madhopur, for the offence under section 630(1)(b) of the companies act. the chief judicial magistrate, sawai madhopur, by his judgment dated september 11, 1986, held the petitioner guilty of the said offence and punished ..... also of the order passed by the chief judicial magistrate under sub-section (2) of section 630 of the companies act. 3. the first contention advanced by mr. garg is that section 630 of the companies act is only applicable with respect to movable property because sub-section (2) of the said section used the words ' deliver up ' or 'refund' and these .....
Tag this Judgment!Court : Rajasthan
Reported in : [1974]44CompCas445(Raj); [1974]95ITR488(Raj); 1973()WLN567
..... scrutiny of the provisions of section 446 of the companies act. section 446 reads as follows : '446. suits stayed on winding-up order.--(1) when a winding-up order has been made or the official liquidator ..... order has been made without the leave of the court, it was well within the right of the liquidator to approach the court under section 446 of the companies act and the learned company judge has jurisdiction to entertain such request of the liquidator to decide the question raised therein. 10. this argument brings us to the ..... up court. according to their lordships, only those proceedings which can properly be dealt with by the winding-up court shall attract the application of section 446 of the companies act. in this connection, the learned judges observed that assessment and reassessment of income-tax with which they were concerned is the function of the .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]81CompCas50(Raj)
..... abated.5. in order to appreciate the rival submissions it will be profitable to refer to the provisions of section 529a of the companies act as well as the provisions of the sick industrial companies (special provisions) act, 1985. section 529a begins with the non obstante clause and it reads thus :'529a. overriding preferential payments.--(1) notwithstanding ..... would prevail. the legislature must be deemed to be aware of the non obstante clause contained in the companies act when it incorporated the non obstante clause in sections 22(1) and 32(1) of the 1985 act. if, despite this knowledge, parliament has thought it proper to enact the non obstante clause in the ..... authority. even the legislature had intended that with the commencement of inquiry under section 16 or framing of a scheme referred to under section 17 or where an appeal is pending under section 25 of the 1985 act, proceedings pending under the companies act or any other law shall abate or shall die, there could not have .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)199CTR(Raj)305; [2006]281ITR177(Raj)
..... required to be set off against the profit of the relevant previous year as if the provisions of clause (b) of the first proviso to sub-section (1) of section 205 of the companies act, 1956 (1 of 1956), are applicable.'13. therefore, for the purpose of finding the book profit in order to determine the 30 per cent ..... lower to this extent and came to the conclusion that by considering the various aspects of the accounting and the different requirements of the companies act for the purpose of providing of depreciation under section 350 and the general guidelines issued by the institute of chartered accountants, it came to the conclusion that by not providing pro rata ..... have been adopted for calculating the depreciation for the purpose of preparing the p&l; a/c laid before the company at its annual general meeting in accordance with the provisions of section 210 of the companies act, 1956.'a perusal of the aforesaid provision goes to show beyond any doubt that any such scrutiny into claim of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3162
..... no instrument needs to be created after an order is passed by the high court under section 394 of the companies act. for, according to section 394(2) of the companies act, the assets of the transferor company stand automatically transferred to the transferee company. thus, the order passed by the high court does not amount to an instrument. ..... document by which any right is purported to be transferred'. since, the order passed by the hon'ble calcutta high court under section 394 of the companies act transferred the property from one company to another, the said order falls within the definition of the word 'instrument'. therefore, according to the learned counsel, both, the ..... of course, mr. kumawat, has argued that amendment was clarificatory in nature. according to him the order passed by the high court under section 394 of the companies act was included in the original definition of word 'conveyance'. for, according to him such an order tentamounts to a consent decree. relying on the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj16; [1988]64CompCas334(Raj); 1987(1)WLN627
..... courts in regard to those matters and they can also confer special jurisdiction on certain courts. (see further under entry 3, list ii). acts coming under this entry--sections 45a-b of the banking companies act, 1949.' 3. entries 23 and 33 of the list iii of the concurrent list are as under : -- 23. social security and ..... in the list i. the parliament has enacted the companies act and under the companies act elaborate rules have been framed by the supreme court after consultation with the high courts, in exercise of the power conferred by sub-sections (1) and (2) of section 643 of the companies act, 1956 and part iii of the rules commencing from ..... of proceedings specified provisions have also been enacted under the companies act, 1956, which are sections 442 and 443. so far as power of stay is concerned, it is contained in section 442. it is urged that the notification issued by the state government under section 4 prohibiting institution and commencement of suit or proceedings and staying .....
Tag this Judgment!Court : Rajasthan
Reported in : [1990]69CompCas248(Raj)
..... any direction that may be necessary in regard to the working of the compromise or arrangement or for passing an appropriate order under sub-section (2) of section 392 of the companies act. it is also declared that the compromise/arrangement as sanctioned by this court shall be binding on the creditors, shareholders and debenture- ..... . briefly stated, the facts of the case are that the registrar of companies filed a petition for winding up of the company, sahu minerals and properties ltd. (hereinafter referred to as 'the company') under section 395(5) read with section 433(c) of the companies act, 1956. the winding-up petition was admitted by this court on april 6 ..... dated august 8, 1978, be quashed. in both the petitions, an application has been filed under section 391(2) of the companies act, 1956, for sanctioning a scheme of compromise and arrangement between the creditors and the company, sahu minerals and properties ltd. since in both the petitions the factual position and the legal points .....
Tag this Judgment!Court : Rajasthan
Reported in : [2009]148CompCas843(Raj); [2007]76SCL157(Raj)
..... has to examine as to whether the provisions of the statute have been complied with. once the court finds that the parameters set out in section 394 of the companies act have been met then the court would have no further jurisdiction to sit in appeal over the commercial wisdom of the class of persons who ..... set out, in the first instance, the parameters that have been laid down by the hon'ble supreme court in relation to exercise of jurisdiction under section 391(2) of the companies act, 1956.a. hindustan lever v. state of maharashtra : air2004sc326 .para 11: while exercising its power in sanctioning a scheme of agreement, the court ..... reference is registered with the board for the industrial and financial reconstruction (bifr), therefore this court ought not to exercise its discretion towards sanctioning the petition under section 391 of the companies act, 1956. the counsel for the objector relied upon the judgment given by the hon'ble apex court in the matter of ngef ltd. v. chandra .....
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