Power of Court to order meeting to be called, powers of Court to order meeting to be called. - (1) If for any reason it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this Act or the articles, the Court may, either of its own motion or on the application of any director of the company, or of any member of the company who would be entitled to vote at the meeting. - (a) order a meeting of the company to be called, held and conducted in such manner as the Court thinks fit; and (b) give such ancillary or consequential directions as the Court thinks expedient, including directions modifying or supplementing in relation to the calling, holding and conducting of the meeting the operation of the provisions of this Act and of the company's articles. Explanation. - The directions that may be given under this sub-section...
Receiving order. An order of the court on the petition of a creditor, or of the debtor himself, granted for the protection of the estate on an act of bankruptcy being established. The order con-stitutes the official receiver the receiver of the debtor's property. Legal proceedings against the person or property of the debtor in respect of debts provable in bankruptcy can thenceforth be restrained by the official receiver. The effect of the order is that unless a scheme or composition is accepted by the creditors the debtor is adjudged bankrupt. See (English) Bankruptcy Act, 1914, ss. 3, 7, 37 (2), 107(4), and (English) Bankruptcy Rules, 1915, rr. 179-188A. Receiving orders in bankruptcy, whether or not known to affect land, must be registered at the Land Registry every five years or else the title of the trustee in bankruptcy will be void against a purchaser of a legal estate in good faith for money or money's worth without notice of an available act of bankruptcy under a conveyance ma...
Suspension, means, 'action of debarring or state of being debarred, especially, for a time, from a function or privilege; temporary deprivation of one's office or position, or again, state of being temporarily kept from doing or deprived of something. Dictionary meaning of expression 'suspend' is to debar, usually for a time, from any privilege from the execution of an office or from the enjoyment of such a position or status and resultant benefit of the office and its privileges. The object of suspension is to remove any person holding the elected office or public office temporarily from his sphere of enjoyment of status, position, power and privilege, Nasir Khan Nivas Khan Pathan v. Dist. Devpt. Officer, Bharuch (FB), AIR 2002 Guj 143.Suspension, to equate it to a reduction in rank. One of the meanings of the word is; 'to deter' to debar from any privilege, office emolument, etc., for a time. It is clear that a suspension is a temporary act and cannot amount to a reduction in rank, T...
Accumulative judgment, Sentence. If a person already under sentence for a crime be convicted of another offence, the court is empowered to pass a second sentence, to commence after the expiration of the first....
Pass such orders as the Tribunal thinks fit, includes all the powers which are conferred upon the Appellate Assistant Commissioner by section 31 of the Income Tax Act, 1922, Consequently the Tribunal has the authority under this section to direct the Appellate Assistant Commissioner or Income Tax Officer to hold a further enquiry and dispose off the case on the basis of such inquiry, Hukumchand Mills Ltd. v. Commissioner of Income Tax, Bombay, AIR 1967 SC 455....
Sentence of death, Recording of. See the disused but still unrepealed Judgment of Death Act, 1823 (4 Geo. 4, c. 48), 'to enable Courts to abstain from pronouncing sentence of death in certain capital felonies,' and enter judgment on the record instead--which had the effect of a reprieve.The (English) Children Act, 1933, s. 53(1), provides as follows:-Sentence of death shall not be pronounced on or recorded against a person under the age of eighteen, but in lieu thereof the Court shall sentence him to be detained during His Majesty's pleasure, and, if so sentenced, he shall, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and under such conditions as the Secretary of State may direct....
The sentence imposed, is a sentence of imprison-ment or detention and therefore the requirement for a statement showing to what extent the sentence has not been carried out must also relate to a sentence of imprisonment or detention. [United States of America (Extradition) Order 1976 (SI 1976/2144), Sch. I, arts III (4), VII(4)]...
Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...
Building bye-law, means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of Punjab Municipal Act, 1911, as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957, relating to buildings, Delhi Laws (Special Provisions) Act, 2006, sec. 2(a)....
Colony [fr. colo, Lat., to cultivate], a settlement in a foreign country possessed and cultivated, either wholly or partially, by immigrants and their descendants, who have a political connection with and subordination to the mother-country whence they emigrated. In other words, it is a place peopled from some more ancient city or country.England was not the first among European nations that planted settlements in parts beyond Europe. But by her own colonization, and by the conquests of the settlements of other nations, she was now acquired a more extensive dominion of colonies and dependencies than any other nation. The colonies of Great Britain exceed in number, extent, and value those of every other country.In an Act of Parliament (English) passed after 1889 the expression 'colony' means by s. 18(3), of the Interpretation Act, 1889, 'any part of her Majesty's dominions, exclusive of the British Islands and of British India, and where parts of such dominions are under both a central ...