Section 398 - Judgment Search Results

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 .....

Tenneco Mauritius Limited Vs. Bangalore Union Services

Court: Company Law Board CLB

Reported in: (2004)122CompCas199

..... similar is the power vested in the court under section 398 power under section 402 is a power which may be exercised without ..... interest of the company consequently the requirements of provisions of section 398 are not satisfied shri raghavan pointed out that there is ..... to mismanagement and consequently the petition does not lie under section 398 in regard to acts of oppression shri raghavan pointed out .....

Micromeritics Engineers Pvt. Ltd., Vs. S. Munusamy

Court: Chennai

Reported in: [2003]116CompCas465(Mad); (2002)3MLJ83

..... be curbed therefore the position is clear that while acting under section 398 read with section 402 of the companies act the court has ample jurisdiction ..... of any member of the company he has also submitted that section 398 is also not attracted by reason of the alleged change in ..... the company to pass such an order as it deems fit section 398 of the companies act inter alia empowers a member of the .....

Echjay Industries Ltd. Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2002)257ITR1(Mum.)

..... of the company and avoiding its possible winding up under the provisions of section 397 and section 398 read with section 402 of the companies act 1956 now the question arises whether such settlement ..... of the company and avoiding its possible winding up under the provisions of sections 397 and 398 read with section 402 of the companies act 1956 relied upon the decision of the mumbai .....

All India Shaw Wallace Employees Vs. Shaw Wallace and Co. Ltd. and ors ...

Court: Company Law Board CLB

..... the company which requirement is sine quo non in terms of sections 398 and 408 warranting the implementation of the order dated 27 7 ..... observed in its order dated 27 7 1998 the provisions of sections 398 and 408 are curative and or preventive in nature and not ..... 47 since we have two petitions before us one under section 398 and another under section 408 we have decided to appoint two directors on .....

In Re: Rf Wood and Co. Ltd.

Court: Delhi

Reported in: [2003]115CompCas539(Delhi)

..... had originally been made before the court in the petition under section 398 this is exactly the position which prevails in the present case ..... for seeking clarifications in or implementing the orders passed under section 398 etc the learned judge however has not granted the relief ..... filed in cp 211 1986 in which the provision of section 397 and 398 of the companies act had been invoked the parties in .....

Joginder @ Danny, Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 2003CriLJ2970; 102(2003)DLT738; 2003(67)DRJ104

..... police station lodhi colony and fir no 998 dated 24 11 1999 under sections 398 395 397 412 506 ii 468 411 120 b 34 ipc police ..... police station punjabi bagh fir no 998 dated 24 11 1999 under sections 395 397 398 506 ii 412 468 411 120 b ipc police station paschim ..... delhi station punjabi bagh fir no 998 dated 24 11 1999 under section 395 397 398 506 ii 412 468 411 120 b ipc police station paschim .....

Khounish Chowdhury Vs. Kero Rajendra Monolithics Ltd.

Court: Company Law Board CLB

..... of the company is all pervasive attracting the provisions of section 398 also 24 the contention of the respondents that the 1st ..... the court to dismiss a petition because the proceedings under section 397 or 398 is a representative proceeding even the original petitioner does not ..... been taking a view that if in a petition under section 397 398 the allegations of oppression relate to removal as a member .....

Munna Singh and anr. Vs. State of Bihar

Court: Patna

..... to such order and the resultant protection of the persons discharged subject to revision under section 398 of the code may not be lost sight of 11 yet another decision on which ..... be further evident from the fact that power to direct further enquiry is available under section 398 of the code when the complaint has been dismissed thus petitioners were not accused hence .....

Sayed Mohammed Owais Vs. State of Maharashtra

Court: Mumbai

Reported in: 2003BomCR(Cri)588; (2003)1BOMLR513; 2002CriLJ303; 2003(3)MhLj261

..... the offences punishable under sections 120b 395 120b read with section 398 120b read with sections 395 and 397 section 394 read with sections 120b and 34 120b read with section 367 of indian penal ..... the offence punishable under section 120b read with section 395 of indian penal code rigorous imprisonment for 7 years for offence punishable under section 120b read with section 398 of indian penal code .....