Section 398 - Judgment Search Results

Lewis Vs. Casey

Court: US Supreme Court

treat them as if each prevailed throughout the prison system 398 opinion of souter j for the purpose of justifying a

In Re: Bengal Luxmi Cotton Mills Ltd.

Court: Kolkata

Reported in: [1965]35CompCas187(Cal),69CWN137

..... that this court has no jurisdiction to entertain the main application under section 397 and section 398 the petition under section 397 and section 398 has been admitted by this court and various ad interim orders ..... the transfer of shares in my view therefore no material change as contemplated by section 398 1 and section 398 2 has taken place by reason of the transfer of shares and for that .....

Hanuman Prosad Verma and ors. Vs. Stock and Finance Ltd. and ors.

Court: Kolkata

Reported in: 1983(1)CHN25,[1985]58CompCas338(Cal)

..... thus a fresh application is necessary for starting proceedings under section 543 schedule xi petitions under section 397 or section 398 and section 543 schedule xi cannot be combined together or simultaneously made ..... the question of the court s jurisdiction to grant necessary relief under section 397 or section 398 or section 402 is not under consideration the only point that needs consideration is .....

Jalpaiguri Cinema Co. Ltd. and anr. Vs. Promotha Nath Mukherjee and or ...

Court: Kolkata

Reported in: [1978]48CompCas131(Cal)

..... mentioned hereinabove were entitled to move an application under section 397 or section 398 of the act see stadmed pvt ltd v kshetramohan ..... within the meaning of the companies act 1956 under sections 397 and 398 of the companies act 1956 3 the company was ..... a original proceeding like amongst others an application under section 397 or 398 of the companies act we have mentioned hereinabove that .....

Shankar Sundaram Vs. Amalgamations Ltd., Chennai,

Court: Chennai

Reported in: [2002]111CompCas252(Mad)

..... necessary to settle a scheme for management of the corporation under section 398 of the companies act though the evidence let in was not ..... inherent dangers precedents text books and the enterprise unit context of section 398 i am led to think that the court may investigate ..... would include also the affairs of its departments and branches if section 398 is construed as suggested on behalf of h d mundhra .....

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court: Guwahati

Reported in: [2010]153CompCas579(Gauhati)

..... that there is no right to make an application under section 397 or section 398 if a shareholder does not have support of requisite ..... interest and not oppressive to any of its member or members section 398 similarly indicates that the affairs of every company public or ..... to him or other minority shareholders and he could apply under section 398 if the affairs of the company were being conducted in .....

Dr. S. Mangalam Srinivasan Vs. Mani Forgings Private Limited,

Court: Company Law Board CLB

Reported in: (2006)129CompCas544

..... met before making such orders as it thinks fit under section 397 section 398 can be invoked in either of the two circumstances 1 ..... membership or in any other manner whatsoever satisfying the requirements of section 398 1 b o there is no averment on loss of ..... interest so as to bring the petition within the meaning of section 398 the tribunal dismissed the company petition without going into the merits .....

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court: Delhi

Reported in: [2008]87SCL51(Delhi)

..... or mis management so as to effect public interest prejudicially as postulated by section 397 and section 398 secondly the statutory scheme necessitates consideration as to whether the applicant or applicants ..... and the public whether such circumstances infact exist to grant the application under section 397 of section 398 is a question and matter which the court while considering the substantive .....

Shankar Sundaram Vs. Amalgamations Ltd.

Court: Company Law Board CLB

Reported in: (2001)104CompCas638

..... words used there are special provisions in the act in section 397 and section 398 the words used are affairs of a company which would ..... holds 10 per cent shares in amalgamations ltd since section 397 as well as section 398 refers to the term affairs of the company which ..... cannot be held that the term affairs of a company in section 398 399 would include the affairs of its subsidiaries in view of .....

K.Santhakumari Vs. M/S.K.J.Trading Co.Pvt Ltd

Court: Kerala

..... specified in section 399 section 10 of the companies act does not exclude ..... thinks fit quot thus it can be seen that section 397 provides for application in the case of oppression whereas section 398 provides for application in cases of mismanagement on conditions .....