Judgment Search Results Home > Cases Phrase: companies act 2013 section 272 petition for winding up Page 6 of about 4,628 results (0.223 seconds)

Maharashtra State Financial Corporation, Bombay Vs. Ballarpur Industri ...

Court : Mumbai

Reported in : AIR1993Bom392

..... , however, has dealt with the question at a time when the companies act, 1913 was in force. the companies act, 1913 did not have any provision equivalent to the amended section 529 of section 529a of the companies act, 1956. hence, the impact of these provisions of section 537 of the companies act, 1956 which is similar to section 232 of the companies act, 1913, could not have been considered by the supreme court ..... the maharashtra state financial corporation, a duly secured creditor, was outside the winding up and it was entitled to sell the mortgaged property without obtaining leave of the company court under section 537 of the companies act. the division bench has relied upon the decision of the supreme court in the case of m.k. ranganathan v. govt. of madras : [1955]2scr374 (supra) in .....

Dr. Sailendra Nath Sinha and anr. Vs. State and anr.

Court : Kolkata

Reported in : AIR1955Cal29,[1954]24CompCas539(Cal),1955CriLJ790,59CWN1

..... that the complainant was not a proper and competent person or on the ground that such a complaint requires any prior sanction of the company court under section 237 (1) of the companies act or under section 179(a) of the companies act. authorities like -- 'air 1937 all 714 (d)'; -- ' : air1953cal153 ' and -- ' : air1953mad595 , support the same conclusion.51. this conclusion is in accord with the viewsexpressed by ..... for prosecution of delinquent directors by liquidators under direction of the company court as provided therein continued in the english companies consolidation act of 1908 and in the english companies act of 1929. section 237(1) of the indian companies act of 1936 reproduces section 277 of the english companies act of 1929 on this point.in england however the companies act of 1929 was modified by the statutes of 1947 and 1948 .....

Orissa Textile Mills Ltd. and anr. Vs. Chintamani Sahu and Brothers an ...

Court : Orissa

Reported in : [1975]45CompCas76(Orissa)

..... on that account alone the application is liable to be dismissed. to-day, an application has been filed in court by sri mohanty under sections 397, 398, 402 and 403 of the companies act against the very opposite parties who are impleaded in the application filed on august 18, 1970. this application is signed by 118 persons ..... said application was presented before the court. thereupon, the following order was passed :'on august 18, 1970, an application purporting to be under sections 397, 398, 402 and 403 of the companies act has been filed in court by sri mohanty, advocate, having been authorised to do so by 129 persons whose names appear in the application as ..... direction regarding production of records. on that day, before the hearing was taken up, a copy of an application in company act case no. 5 of 1970, labelled under sections 397, 398, 402 and 403 of the act, was served on counsel for the appellants. on the said application, counsel endorsed objection and indicated that he intended a .....

international Coach Builders Ltd. Vs. Karnataka State Financial Corpn.

Court : Supreme Court of India

Reported in : AIR2003SC2012; [2003]114CompCas614(SC); (2003)2CompLJ166(SC); JT2003(2)SC395; 2003(2)SCALE677; (2003)10SCC482; [2003]2SCR631; (2003)2UPLBEC1022

..... extent necessary for recovery of his outstanding. prior to 1985 it might have been possible for a secured creditor under section 529 of the companies act, 1956, or its predecessor, section 232 of the companies act, 1913 as interpreted by this court in m.k. ranganathan case (supra), to opt to stand outside the winding ..... financial assistance if it becomes bad and similarly the companies act deals with companies including winding up of such companies. the proviso to sub-section (1) of section 529 and section 529a being a subsequent enactment, the non obstante clause in section 529a prevails over section 29 of the act of 1951 in view of the settled position of law ..... 15. the decision in ranganathan (supra) held the field for considerable period, both under the companies act, 1913 and the companies act, 1956. however, by amending act 35 of 1985, amendments were carried out in section 529 and a new section 529a was enacted. these developments, in our view, brought about a qualitative change in the .....

Official Liquidator Vs. Shri B.K. Modi and ors.

Court : Allahabad

Reported in : [2008]141CompCas438(All); [2008]85SCL148(All)

..... in sub-section (30) of section 2 of the companies act, 1956, the word 'officers' occurring in clause (a) of sub-section (2) of section 454 of the companies act, 1956, will include the directors of the company also.75. evidently, reading clause (a) of sub-section (2) of section 454 of the companies act 1956 with sub-section (30) of section 2 of the companies act, 1956, a ..... liquidator to submit and verify the statement of affairs in view of the provisions of clause (a) of sub-section (2) of section 454 of the companies act, 1956 read with sub-section (30) of section 2 of the companies act, 1956.77. before proceeding further, it is relevant to note that the aforesaid conclusion that even if a ..... for the opposite party no. 1,and sri s.k. saxena, official liquidator it is necessary to refer to certain provisions of the companies act, 1956.section 454 of the companies act, 1956 lays down as under:454. statement of affairs to be made to official liquidator.(1) where the court has made a winding up .....

In Re: Central Calcutta Bank Ltd. (In Liqn.)

Court : Kolkata

Reported in : AIR1957Cal520,61CWN709

..... proceedings.13. there will, therefore, be an order for public examination of the directors mentioned in para. 4 of the report of the court liquidator under section 45g, banking companies act, except the three persons i have mentioned above. it will be held on 24-6-1957. there will be an order in terms of prayer (e) ..... the constitution provides :'no person accused of any offence shall be compelled to be a witness against himself.' now a public examination of a director under section 45-g, banking companies act, does not necessarily mean that the director shall be compelled to be a witness against himself and to give evidence against himself. his evidence may be ..... as the notes of the examination of such evidence may be used later in evidence against the person in any proceeding, civil or criminal, under section 45-g (8), banking companies act, a public examination of the director is bad under that particular provision of the constitution. i find it difficult to accept this argument. there are .....

Trackparts of India Limited and ors. and Smt. Radkhika Bhargava and or ...

Court : Allahabad

Reported in : 2000CriLJ310

..... section 210 of the (british) companies act, 1948, and sections 459 to 461 of the (british) companies act, 1985, are akin to the provisions of sections 397 and 398 of the (indian) companies act, 1956. likewise section 433 of the (indian) companies act, 1956 is pari materia with section 222 of the (british) companies act, 1948 and section 517 of the (british) companies act, 1985. it would be found that section ..... 44(g) of the indian partnership act ..... to do in a situation like the present one under the provisions of the companies act, under sections 397/398 and 402.33. learned counsel for the appellants has relied on .....

Parthasarathi Sinha and ors. Vs. Official Liquidator, Ballygunge Real ...

Court : Kolkata

Reported in : [1976]46CompCas555(Cal),79CWN972

..... section 235 of the companies act of 1913, section 543 of the companies act, 1956, as well as section 333 of the english companies act of 1948. i am reproducing hereinafter section 235 of the indian companies act, 1913, section 543 which is the corresponding section in the companies act of 1956, and section 333 of the english companies act, 1948.6. section 235 of the indian companies act ..... , 1913, reads as follows :' 235. (1) where, in the course of winding up a company ..... 147. 149 (bom) held that a proceeding initiated under section 235 of the indian companies act, 1913, against the delinquent liquidator could not continue upon .....

Manohar Bawari and anr. Vs. Santosh Kumar Singhania and ors.

Court : Kolkata

Reported in : 2007(4)CHN536

..... of the instant case does not arise. the dispute involved as alleged in the plaint, also does not come under the companies act and therefore the question of applying section 10 of the companies act in the facts and circumstances of the present case does not arise.11. it appears that the learned trial court has relied ..... will have to be instituted in the court of the lowest grade competent to try it.10. learned senior advocate for the petitioners referred to section 10 of the companies act, in support of his contention that the suit should have been filed before the learned district judge, since the learned trial court can not exercise ..... is not applicable to the facts and circumstances of the present case. section 10 of the companies act indicates which court will have the jurisdiction under the companies act. since the present dispute does not come within the provisions of the companies act, the question of applying section 10 to the facts and circumstances of the instant case does not arise .....

M/S Atv Projects (India) Ltd vs.union of India & Ors.

Court : Delhi

..... scheme, scheme to be binding and for the implementation of scheme under section 261 to 264 of the companies act, 2013; and, whereas, sections 253 to 269 of the companies act, 2013 have been omitted by eleventh schedule to the insolvency and bankruptcy code, 2016; w.p.(c) 4340/2017 page 5 of 17 and, whereas, clause ..... dealt with in accordance with the provisions contained in part via of the companies act, 1956; and, whereas, section 424d of the companies act, 1956 provided for review or monitoring of schemes that are sanctioned or are under implementation; and, whereas the companies act, 1956 has been repealed are re-enacted as the companies act, 2013 (18 of 2013) which, inter alia, provides for scheme of revival and rehabilitation, sanction of .....