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Disposition of the company's property

Disposition of the company's property, where a company pays a creditor by cheque between the date of petition and the winding up order against the company, it is illogical to hold that there is an additional disposition in favour of the bank where the company is in credit prior to payment of the cheque and the bank, in paying the cheque, debits the cheque against the company's credit balance with the bank, Hollicourt (Contracts) Ltd. v. Bank of Ireland (CA), (2001) Ch LR 555.A control for the disposition of land and an effected disposition; that the expression 'sold, leased or otherwise disposed of by a disposition' was not apt to include a contract to make a disposition of land but referred only to a disposition which had actually been effected, Boyoumi v. Women's Total Abstinence Union Ltd., (2003) 2 WLR (Charities Act, 1993, s. 37)...


Disposition of company property

Disposition of company property, where a com-pany withdraws a sum of money from its bank account in credit and pays that sum to a third party, there is a disposition of the company property which , if it occurs after the commencement of the winding up is avoided by s. 127, Hollicourt (Contracts) Ltd. v. Bank of Ireland, (2001) 2 WLR 290.Disposition of company property, where a company withdraws a sum of money from its bank account in credit and pays that sum to a third party, there is a disposition of the Company's Property, Hollicourt (Contracts) Ltd. v. Bank of Ireland, (2000) 1 WLR 895....


company union

company union : an unaffiliated labor union of the employees of a single company NOTE: Historically, the company union was one formed or dominated by the company. Such unions have been long held to be illegal. ...


Dissolved Company

Dissolved Company, 'dissolved company' means the Institute of Company Secretaries of India registered under the Companies Act, 1956, [Company Secretaries Act, 1980 (56 of 1980), s. 2(1)(e)]...


Industrial company

Industrial company, means a company which owns one or more industrial undertakings. [Sick Indus-trial Companies (Special Provisions) Act, 1985 (10 of 1986), s. 3 (1) (e)]A company running a cold storage is not an 'indus-trial company' within the meaning of s. 2(7) (c) of the Finance Act (1973), Delhi Cold Storage (P) Ltd.v. CIT, AIR 1991 SC 2125. [Finance Act, 1973, s. 2(7)(c)]...


Unless the articles of the company otherwise provide

Unless the articles of the company otherwise provide, the effect of these words 'unless the articles of the company otherwise provide' is to subordinate the provisions of clause (c) to the provisions of the articles of association of the company. In other words, the provision that the offer of further shares shall be deemed to include the right of renunciation in favour of any other person will not apply if the articles of the company 'otherwise provide', Needle Industries (India) Ltd. v. Needle Industries Newey (India) Holdings Ltd., AIR 1981 SC 1298: (1981) 3 SCC 333: (1983) 3 SCR 698....


Cost-book mining companies

Cost-book mining companies. The statutory regulations relating to these Companies are contained in the Stannaries Acts, 1869 (32 & 33 Vict. c. 19) and 1887 (50 & 51 Vict. c. 43), and the Companies Act, 1929. The Latter Act (s. 357) has preserved the then existing provisions of the earlier Acts. Subject to the statutory provisions, it maybe said that these companies are formed thus:-A number of adventures, who have obtained permission from the landowner to work a lode, assemble; they decide on the number of shares into which their capitalis to be divided, and the number to be allotted to each; they appoint an agent, commonly called a purser, for the purpose of managing the affairs of the mine, and enter in a book, called the cost book, the minutes of their proceedings, which are signed by all present. A license to try for ores, for twelve months, or some short period, is then obtained; followed, if the search be promising, by a set, that is, a lease of the minerals, or a license to ding...


Not including a company to which the provisions.. apply

Not including a company to which the provisions.. apply, the Explanation requires that the shares held by a company should be considered as held by the public, only if s. 23A of the Income Tax Act, 1922 does not apply to it. The Concessions Order does not seek to negative this test; it only confers a benefit on a company, to which clause 14 applies. Shree Changdeo Sugar Mills Ltd. v. Commissioner of Income Tax, AIR 1961 SC 1154 (1156): (1961) 2 SCR 990. [Income-tax Act, 1922, s. 23 (1), third proviso and expl. (prior to amendment in 1955)]...


Rate applicable to the total income of the company

Rate applicable to the total income of the company, the expression 'rate applicable to the total income of the company' meant the rate actually applied. The clause referred to the specific or definite rate which was determined to be applicable to the taxable income of the company for that specific year and not to the rate prescribed by the Act for the relevant year generally in reference to incomes of companies, Rajputana Agencies Ltd. v. Commissioner of Income Tax, AIR 1959 SC 265: (1959) Supp 1 SCR 142....


Sick Industrial Company

Sick Industrial Company, means an industrial company (being a company registered for not less than five years) which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth. [Sick Industrial Companies (Special Provisions) Act, 1985, s. 3(1)(o)]...



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