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In the matter of The Companies Act, 1956 and the Companies Act, 2013 ( ...

Court : Delhi

..... this joint application has been filed under sections 391 to 394 of the companies act, 1956 by the applicant companies seeking directions of this court to dispense with the requirement of convening the meetings of their equity shareholders, secured and unsecured creditors to consider and approve, with or without ..... submitted by the applicants that no proceedings under sections 237, 243, 250, 250a and 251 of the companies act, 1956 or under sections 210, 214, 215, 216(1), 216(3), 216(4), 217, 219, 220, 223, 224(1), 224(3), 224(4) and 225 of the companies act, 2013 are pending against the applicant companies. 60. ..... the transferee company was incorporated under the companies act, 1956 on 3th june, 2008 with the registrar of companies, nct of delhi and haryana at ..... 25 was originally incorporated under the companies act, 1956 on 27th january, 2005 with the registrar of companies, nct of delhi and haryana at new delhi under the name and style of eldeco ..... 31 was incorporated under the companies act, 1956 on 24th december, 1999 with the registrar of companies, nct of delhi and haryana at ..... 30 was incorporated under the companies act, 1956 on 24th february, 2012 with the registrar of companies, nct of delhi and haryana at ..... 20 was incorporated under the companies act, 1956 on 11th december, 2006 with the registrar of companies, nct of delhi and haryana at ..... 7 was incorporated under the companies act, 1956 on 3rd september, 2008 with the registrar of companies, nct of delhi and haryana at .....

Bharat Bhushan Vs. H.B. Portfolio Leasing Ltd.

Court : Delhi

Reported in : ILR1992Delhi193

..... the plaintiff was and continues to be a director of the defendant-company and also for declaring that the plaintiff has not incurred any disqualification under section 283(1)(g) of the companies act, thereby vacating the office of the director of the defendant-company and for a perpetual injunction restraining the defendant from holding that the plaintiff has vacated the office as director and also restraining ..... that the plaintiff and his son, vijay bhushan, had intentionally and deliberately absented themselves from three consecutive meetings of the board and thus had incurred the disqualification under the companies act as well as under the memorandum and articles of association of the defendant-company and thus, the board meetings are stated to have taken place after written notices had been served on ..... was fully aware, since august 21, 1990, that he had vacated the office as a director on his failure to attend three consecutive board meetings and, by virtue of section 53 of the companies act, the plaintiff had notice, by operation of law, that the balance-sheet had been duly signed and filed and that he had ceased to be a director of the company. ..... mentioning that they had ceased to be directors on the ground of having incurred a disqualification on account of not attending three consecutive board meetings as per the provisions of section 283(1)(g) of the companies act and also in terms of article 101 of the memorandum and articles of association of the defendant-company. .....

Mohit Mahajan vs.foundation for Innovation and Technology Transfer (F ...

Court : Delhi

..... , promote and sustain, the cultivation of science and technology and scientific research in all its aspects - pure, applied and educational and to engage in result oriented industrial r&d both at industrial premises and at iitd; 3.2 to act as an institution drawing upon the intellectual and infrastructural resources of indian institute of technology delhi (iitd) as the primary resource, supplemented by expertise and facilities in other institutes of science and technology, educational institutions, r&d organizations, ..... court concurring with the view off the disabilities commissioner that fitt is not an establishment under section 2 (k) of the pwd act, the further question whether section 47 of the pwd act would apply to the contractual employment of the appellant is rendered academic as far as the present case is concerned and, therefore ..... although it was clarified that para 6 of the settlement would not mean that any rights which the appellant may have under the pwd act will in any manner stand given up and which right if the appellant has will always be available to him in accordance with law , the said judgment also noted ..... the interpretation put forth by the employee would make employees of all companies, public servants, amenable to punishment penal code and prevention of corruption act; and would also result in all non-statutory companies and private sector companies being included in the definition of `state' thereby requiring them to comply with the requirements of non .....

Standard Microsystems India Private Limited Vs. --

Court : Delhi

..... this is a second motion petition under sections 391 and 394 of the companies act, 1956 (act) in connection with the scheme of amalgamation (scheme) among standard microsystems india private limited (hereafter referred to as petitioner transferor company 2), bridgeco technologies india private limited (hereafter referred to as transferor company1) and microchip technology (inida) ..... learned counsel for the petitioner submits that no proceedings under sections 235 to 251 of the act are pending against the petitioner transferor company 2.8. ..... in terms of sections 391 and 394 of act and in terms of the scheme, the whole of the undertaking, the property, rights and powers of the petitioner transferor company 2 shall be transferred to and vest in the transferee company without any further act or deed. ..... , the petitioner transferor company 2 be asked to give an undertaking that it shall comply with all the laws, rules, regulations, provisions, notifications as may be issued by reserve bank of india (rbi) or provided under the foreign exchange management act, 1999 (fema). ..... similarly, in terms of the scheme, all the liabilities and duties of the transferor company shall be transferred to the transferee company without any further act or deed. ..... consequently, sanction is hereby granted to the scheme under sections 391 to 394 of the act. .....

Axiom Commodeal Private Limited vs.cartel Finance & Investments Pri ...

Court : Delhi

..... it has been stated on behalf of the applicant companies that no proceedings under sections 235 to 251 of the act or under corresponding provisions of the companies act, 2013 are pending against the applicant companies, as on the date of filing of the present application. ..... the present is an application filed jointly, under sections 391 and 394 of the companies act, 1956 (hereinafter referred to as the act ) by axiom commodeal private limited (hereinafter referred to as transferor company no.1 ) and daniel tradex limited (hereinafter referred to as transferor company no.2 ) with cartel finance & investments private limited co.appl. ..... the transferee company was incorporated under the act, vide certificate of incorporation dated 18.06.1992, issued by the registrar of companies, n.c.t. ..... the transferor company no.2 was incorporated under the act vide certificate of incorporation dated 09.09.2011 issued by the registrar of companies, west bengal. ..... the transferor company no.1 was incorporated under the act vide certificate of incorporation dated 17.05.2010, issued by the the deputy registrar of companies, west bengal. ..... the salient features of the proposed scheme have been set out in detail in the summons for directions to convene meetings under section 391 of the act. .....

Commissioner of Income Tax-ii Vs. Living Media India Ltd

Court : Delhi

..... the revenue is, therefore, in appeal before us against the finding of the tribunal that the proceedings under section 147/148 of the said act were invalid and that the carried forward unabsorbed depreciation could not be set off against the long term capital gains.9. ..... in the present case, according to the learned counsel for the respondent/assessee, no notice under section 148 of the said act has been issued pertaining to the purported additional reasons which were allegedly recorded sometime in october 2010 and served upon the assessee on 29.10.2010 ..... in so far as, the assessee was concerned, its appeal was directed against the findings of the commissioner of income tax (appeals) whereby the proceedings under section 147/148 of the said act were held to be valid and the revenues contention with regard to the unabsorbed depreciation had been accepted.8. ..... with regard to the additional reasons which were recorded subsequent to the issuance of notice under section 148 of the said act, we have already observed that this could not have been done by the assessing officer. ..... the validity of the proceedings initiated upon a notice under section 148 of the said act would have to be judged from the stand point of the reasons which existed at the point of time when the section 148 notice was ..... other purported reasons pertaining to the issues of unabsorbed depreciation and disallowance under section 14a of the said act were, admittedly, recorded after the issuance of notice under section 148.17. .....

Pinnacle Textiles Private Limited vs.indus Garments Private Limited

Court : Delhi

..... this joint petition has been filed under sections 391 and 394 of the companies act, 1956 (hereinafter referred to as the act ) by pinnacle textiles private limited (hereinafter referred to as transferor company no.1 ), maya clothing private limited (hereinafter referred to as transferor company no.2 ), saga textiles private limited (hereinafter referred to as transferor company no.3 ), zenith clothing company private limited (hereinafter ..... the transferee company was incorporated under the act, on 12.07.2000, with the assistant registrar of companies, ..... the transferor company no.5 was incorporated under the act, on 20.05.1999, with the assistant registrar of companies, ..... the transferor company no.4 was incorporated under the act, on 26.04.2000, with the assistant registrar of companies, ..... the transferor company no.3 was incorporated under the act, on 18.12.1996, with the assistant registrar of companies, ..... the transferor company no.2 was incorporated under the act, on 09.08.2005, with the assistant registrar of companies, ..... the transferor company no.1 was incorporated under the act, on 13.03.2000, with the deputy registrar of companies, ..... companies that no proceedings under sections 235 to 251 of the act are pending against the... ..... affairs of the transferor company nos.1 to 5 do not appear to have been conducted in a co.pet.325/2016 page 9 of 12 manner prejudicial to the interest of their members, creditors or to public interest as per second proviso of section 394(1) of the act.24. .....

Raj Kumar vs.state

Court : Delhi

..... court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the fatal accidents act, 1855 (13 of 1855 ), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which criminal misappropriation, criminal breach of trust, or ..... a bare look at the word of the law quoted above would reveal that the criminal court may direct compensation to be paid either under section 357 cr.pc or section 5 of the probation of offenders act only in the event of a person being held guilty and convicted of the crime, the idea being to recompense for the loss or injury consequently caused, such amount of compensation contemplated as an amount which would eventually be adjustable ..... code of criminal procedure, 1973 defines victim by section 2(wa) as under :-" victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir; (emphasis supplied) 74. ..... appeal no.187/2018 page 1 of 67 information report (no.247/2016), on the accusations of his complicity in certain acts of commission or omission, the same statedly constituting offences punishable under sections 376(2)(n) and (f), 313 and 506 of indian penal code, 1860 (ipc .....

Digvijay Chemicals Ltd. Vs. Assistant Commissioner of Income Tax

Court : Delhi

Reported in : (2000)68TTJ(Del)280

..... determine undisclosed income from the seized books and documents relating to the present assessee, the handing over of the seized books and documents by him to the assessing officer, bulandshahr under section 158bd of the act was not proper and valid.24. we also find the submissions of the learned senior departmental representative that the provisions of section 158bd should also be read and understood with reference to provisions of section 132(9a) ..... thus there was direct and immediate nexus between the satisfaction and the levy of the penalty but in the case of the word 'satisfaction' mentioned in section 158bd of the act, there was no direct nexus and immediate levy of tax on the assessed because after an the undisclosed income had to be determined by the assessing officer, bulandshahr and not by deputy commissioner, ..... . thus the action of the deputy commissioner, amritsar in transferring the seized books and documents to the assessing officer, bulandshahr under section 158bd of the act, did not take away any substantive right of the assessee, thereforee, the plea of the assessed that the block assessment should be quashed is not valid ..... it was argued that since the deputy commissioner, amritsar had not recorded his satisfaction in the matter as required under section 168bd of the act the handing over of the seized documents by him to the assessing officer of the present assessed was not proper and valid and consequently the assessing officer of the present assessed did not .....

Ankur Exports Pvt. Ltd. Vs. Monopolies and Restrictive Trade Practices ...

Court : Delhi

Reported in : 2010CompLR43,[2010]100SCL1(Delhi)

..... no doubt, the respondents would have to defend legal proceedings in more than one forum, but then that is what has been specifically permitted by section 12-b of the said act and the principle of election of remedies cannot be imported to deny parallel proceedings if such parallel proceedings have been specifically permitted even if in the past the commission has taken a view to ..... the moot point which thus arises for consideration is not only whether the aforesaid parameters are satisfied which in turn would depend on the interpretation of section 12-b of the said act, but if the legislature has specifically given the right to maintain a parallel proceeding, the will of the legislature cannot be taken away by giving a different interpretation to the ..... went on leave, the director had an occasion to deal with r-2/bank when for the first time it came to light that there have been numerous illegal acts of omission and commission in respect of the funds of the petitioner and there had been mis-utilization and mis-appropriation out of the accounts with respondent no. ..... a distinction was drawn between section 12b on one side and section 11 and section 36c on the other side of the said act inasmuch as there was no requirement for a parallel investigation by the director general into the allegations levelled in the claim petition under section 12b of the said act.under section 12-b the applicant was required to prove not only the quantum of compensation on account of loss and damage, but was .....