Company Law Articles, Notification and Circular

  • Apr
  • 01
  • 2013

HC disapproves scheme of arrangement which was designed to avoid repayment of creditors

Added In Company Law
It is evident from the clauses referred to hereinabove, and from what has been narrated in this order earlier, that the bondholders were deliberately misled to believe that they would receive at least Rs. 250 in cash for each bond of Rs. 1,000, i.e., at least one-fourth of their principal latest by September 30, 2003. [...]

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  • Apr
  • 01
  • 2013

Dispute over title of shares is to be adjudicated by civil court not by Company court

Added In Company Law
Though recognising that the company court (now CLB) would be the court of exclusive jurisdiction for applications for rectification of register of members, it is held that if the issues arose whether the plaintiff was the owner of the shares, whether there was fraud or forgery or there was dispute on the very title of [...]

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  • Mar
  • 27
  • 2013

Affirmative vote can’t push the underlying resolution if Article not amended incorporating such vote

Added In Company Law
The other ground on which the CLB interfered with the decision at the board meeting held on 31-10-2012 was that the notices of the board meeting were issued at a time when the Respondent was not in the country and was stuck in New Jersey, USA, which was admittedly hit by a hurricane. While the [...]

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  • Mar
  • 24
  • 2013

ROC may ask company to make good the default in filing from No. 8

Added In Company Law
In the instant case, the respondent-company failed to file Form No. 8 with the concerned RoC. Therefore, the RoC, is directed to exercise his powers under section 234(1) by calling information with regard to filing of Form No. 8 and direct the respondent-company to make good the default in non-filing of e-form No. 8 under [...]

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  • Mar
  • 21
  • 2013

CL – Amendment in Rules Related to Acceptance of Deposits U/s. 58A

Added In Company Law
In exercise of the powers conferred by section 58A read with section 642 of the Companies Act, 1956 (1 of 1956), the Central Government in consultation with the Reserve Bank of India, hereby makes the following rules further to amend the Companies (Acceptance of Deposits) Rules, 1975, namely:-

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  • Mar
  • 21
  • 2013

Relaxation of additional fees & extension of last date in filing of various ROC forms

Added In Company Law
Circular No: 7/2013, Dated -20/03/2013 Sub: – Relaxation of additional fees and extension of last date in filing of various forms with the Ministry of Corporate Affairs-reg. In continuation of the Ministry’s General Circular No: 03/2013 dated 08-02-2013 on the subject cited, I am directed to inform you that with the approval of competent authority [...]

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  • Mar
  • 21
  • 2013

Company Board(Group ‘B’ Post- Section Officer)Recruitment Rules, 2013

Added In Company Law
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS Shastri Bhawan, 5th floor, A-Wing New Delhi -110001 NOTIFICATION New Delhi the 15TH March, 2013. G.S.R. – In exercise of the powers conferred by the proviso to article 309  of the Constitution and [...]

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  • Mar
  • 20
  • 2013

Secured creditors too can file winding up petition despite sufficiency of security

Added In Company Law
In the instant case, the appellant was a secured creditor. It had the claim for Rs. 500 and above. The creditor also pleaded, the company was insolvent and unable to pay its debts. The appellant also claimed, it was just and equitable that the company should be wound up. The above pleas could only be [...]

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  • Mar
  • 20
  • 2013

Company court cannot disturb earlier finding as to nature of debt during winding-up proceedings

Added In Company Law
A company cannot, at the post-advertisement stage, disturb or unsettle the finality of a finding as to the indisputable nature of a debt rendered at the admission stage of a creditor’s winding up petition. Even though the decision at the admission stage is final as between the company and the petitioning-creditor, others connected with the [...]

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  • Mar
  • 20
  • 2013

Scheme of amalgamation approved as ex-auditor failed to substantiate his objections

Added In Company Law
The fact that in the 80th AGM held on 30th July 2007, the audited accounts for the financial years ended 31st March 2004, 31st March 2005 and 31st March 2006 were placed and adopted makes it clear that any default in that regard by BSMCL stands condoned. No other shareholder has objected to those accounts. [...]

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