Judgment Search Results Home > Cases Phrase: companies act 2013 section 277 intimation to company liquidator provisional liquidator and registrar Court: supreme court of india Page 1 of about 15 results (0.081 seconds)

Official Liquidator, Popular Bank Ltd. Vs. K. Madhava Naik and ors.

Court : Supreme Court of India

Reported in : AIR1965SC654; [1965]35CompCas174(SC); 1965(0)KLT469(SC)

..... for action under section 545 of the companies act and section 45j of the banking companies act cannot hence amount to accusation under ..... action under section 545 of the companies act and section 45j of the banking companies act it is not essential that a public examination should first be held either under section 478 of the companies act or section 450 of the banking companies act, therefore, public examination under section 478 of the companies act and section 450 of the banking companies act have no concern with proceedings under section 545 of the companies act and section 45j of the banking companies act. a prayer .....

Rama Narang Vs. Ramesh Narang and ors.

Court : Supreme Court of India

Reported in : [1995]83CompCas194(SC); JT1995(1)SC515; 1995(1)SCALE276; (1995)2SCC513; [1995]1SCR456

..... gazette. such a power to remove the disqualification is however, not to be found in the case of managing director under section 267 of the companies act. section 283 of the companies act provides that the office of a director shall fall vacant on conviction for an offence involving moral turpitude if the sentence imposed ..... appointment of the present appellant or his continuation as managing director was not ab-initio void and was permissible, notwithstanding section 267 of the companies act. reference was also made to section 274 of the companies act which, inter alia, provides that a director whose conviction has been recorded by a criminal court for an offence ..... convicted for an offence involving moral turpitude could not hold office of the managing director in view of the provisions of section 267 of the companies act. that section lays down that no company shall appoint or employ, or continue the appointment or employment of any person as its managing or whole-time director, who .....

Industrial Dev.bank Of India Through Stressed Assets Stabilisation Fun ...

Court : Supreme Court of India

..... are not being reproduced for the sake of brevity. 33 as defined and payable in terms of section 529(3)(b) of the companies act. civil appeal no.2568 of 2013 page 33 of 38 payments under section 530 of the companies act, but are ranked below overriding preferential payments and have to be paid after the payment has ..... act . 38 for short, sarfaesi act . civil appeal no.2568 of 2013 page 35 of 38 the dues payable under the customs act, notwithstanding provisions under any central act, but not in cases covered under section 529a of the companies act, rddbfi act, sarfaesi act and the ibc. section 142a of the customs act, post its enactment, would dilute the impact of section 530 of the companies act ..... state government or to a local authority on the relevant date as defined in clause (c) to sub-section (8) to section 530 of the companies act, which have become due and civil appeal no.2568 of 2013 page 12 of 38 payable within the twelve months next before the relevant date. the taxes, cesses and .....

Insolvency And Bankruptcy Board Of India Vs. Satyanarayan Bankatlal Ma ...

Court : Supreme Court of India

..... he occupied the office of a sessions judge or an additional sessions judge prior to his appointment.23. another amendment to section 435 of the companies act, 2013 was effected by the companies (amendment) act, 2017 (i.e. act no.1 of 2018), with effect from 7th may, 2018. vide the said amendment, two classes of special courts ..... in the case of other offences, i.e., offences punishable with imprisonment of less than two years.24. it is thus clear that section 435 of the companies act, 2013 as it originally existed, provided for only one class of special courts i.e. a person holding office of a sessions judge or ..... established under chapter xxviii of the companies act, 2013. chapter xxviii of the companies act, 2013 deals with special courts .20. for appreciating the rival submissions, it will also be necessary to refer to section 435 of the companies act, 2013, as it was originally enacted; section 435 after the amendment in 2015 by the companies (amendment) act, 2015, which came into effect .....

Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma Vs. Uni ...

Court : Supreme Court of India

..... that following are the relevant features in case of winding up proceedings under sections 326 and 327 of the act, 2013:- workmen s portion in the security shall be paid in priority to all other debts; however ..... .11.2016 was brought in under section 327(7) of the act, 2013 wherein it has been clarified that the provisions of section 326 and section 327 of the act, 2013 will not be applicable in the event of liquidation under the ibc. 4.3 it is submitted that only in case of any winding up under companies act, 2013, sections 326 and 327 of the companies act, 2013 are relevant. he has submitted .....

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 .....

Malayala Manorama Co. Ltd. Vs. Commissioner of Income Tax, Trivandrum

Court : Supreme Court of India

Reported in : (2008)216CTR(SC)102; [2008]300ITR251(SC); JT2008(5)SC529; 2008(6)SCALE659; 2008AIRSCW3407

..... the cit (appeals) directing the assessing officer to allow the claim of depreciation as per the income tax rules for the purposes of computing the book profit under section 115j of the companies act?21. the questions raised by the assessee are as under:1. whether on the facts and in the circumstances of the case, the tribunal was justified in ..... would be 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. 27. mr. gulati further submitted that before the high court, it was argued by counsel for the revenue that ..... and loss account for the relevant previous year, in accordance with the provisions of part ii, and iii of schedule vi to the companies act, 1956 (1 of 1956).25. this sub-section (1a) to section 115j of the 1961 act would have application for the a.y. 1989-90, which is the subject matter of itr nos.289 and 293 of 1999. .....

Bank of India Vs. Vijay Transport and ors.

Court : Supreme Court of India

Reported in : AIR1988SC151; [1988]63CompCas428(SC); JT1987(4)SC389; 1987(2)SCALE1028; 1988Supp(1)SCC47; [1988]1SCR961; 1988(1)LC91(SC)

..... a law as an enactment of parliament or legislature. in this connection, it may also be pointed out that under sub-section (2) of section 1 of the banking companies act, the provisions of the banking companies act (except section 21 which shall come into force on the appointed day) shall be deemed to have come into force on july 19, ..... 1969. sub-section (1) of section 3 of the banking companies act provides that on the commencement of the banking companies act, there shall be constituted such corresponding new banks as are specified in the first schedule. therefore, it is manifestly clear ..... that even assuming that the expression 'special indian law' means a law enacted by the indian legislature and that the banking companies act is such a law, still the provision of section 4(e) of the act will not apply inasmuch as the appellant bank was not formed in pursuance of any 'special indian law', but by or .....

Shri Ram NaraIn Vs. the Simla Banking and Industrial Co. Limited

Court : Supreme Court of India

Reported in : AIR1956SC614; [1956]26CompCas280(SC); [1956]1SCR603

..... be no foundation in fact for the contention that the order was made on a report filed beyond three months provided under section 45-c(2) of the banking companies act. sub-section (2) of section 45-c provides that 'the official liquidator shall, within three months from the date of the winding up order or the ..... the execution of the decree is vested in the high court by virtue of section 45-b of the banking companies act. each of the acts has a specific provision, section 3 in the displaced persons (debts adjustment) act and section 45-a in the banking companies act, which clearly indicates that the relevant provision, if applicable, would have overriding effect ..... the situation by a letter of the provisional liquidator dated the 13th march, 1953. thereby, the attention of the tribunal was invited to section 171 of the indian companies act which enacted that pending proceedings could not be proceeded with except with the leave of the court. the tribunal was accordingly requested by this .....

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

..... disclosure requirement were subject to fine. it is crucial to note here that contributions to political parties by companies were regulated long before the it act was amended in 1978 to exempt the income of political parties through voluntary 174 the companies act 2013; section 2(40) 175 the companies at 2013; section 137 121 part f contributions for tax purposes (ostensibly to curb black money). it is clear as ..... day light that the purpose of mandating the disclosure of contributions made by companies was not merely to curb black money in electoral financing but crucially .....