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..., in misfeasance proceedings, under Section 45-H of the Banking Companies Act, 1949 (hereinafter referred to as “the Act”), read with Section 235 of the Indian Companies...our investigation, it seems that this act of theirs might even have been deliberate.”After giving the Directors and Officers of the Bank due opportunity to reply to D.D Joshi C...Section 235 of the Companies Act of 1913, the application of Section 543 of the Companies Act of 1956 having been expressly excluded by ...
...Shahabuddin, J.:— The point for determination in this civil revision petition is whether proceedings started against a director of a company under section 235 of the Indian ...held that proceedings under section 235 of the Companies Act against a director cannot, after the death of the...Vandrawandas, a decision cited on behalf of the respondents, has taken the same view. It held that it was never intended to involve the Court on an application under section 235, in an enquiry relating to the estate ...
...1. One of the creditors of the Company namely Mrs. Raja Kakarlapudi Sudarsana Sundara Nara-sayamma submitted an application on 20-12-1954 under Section 235 of the Indian ...of the legal representatives, Mr. Waghmare contended that the provisions of limitation act are inapplicable to the proceedings under Section 235 of the Act.
The learned c...) Act of 1936 whereby Sub-section (3) of Section 235 as it stood prior to the passing of the aforesaid Amendment Act had been repealed. It was argued that since the prov...
...Braund, J.:— We are to decide an important preliminary issue bearing on a misfeasance application under section 235 of the Indian Companies Act, 1913, in the..., therefore, within three years from the date of the appointment of both the Provisional Liquidator and the Official Liquidators.Section 235(1) of the Indian Companies Act,...explain this, it is necessary to set out some of the history of section 235(1) of the Act as it now stands.section 235 of the Indian ...
...former Officers under Section 235 of the Indian Companies Act 1913 and Section 543 of the Companies Act 1956 The Company was incorporated unde...assets of the Company by way of compensation in respect of such misfeasance breach of trust and/or misapplication. The application was headed as one under Section 235 of...Companies Act 1956 the Companies Act 1956 did not apply in relation to the winding up of the Company and the Company was ...
...names of his two sons and widow be brought on the record in his stead.On the 31st of July, 1935, the liquidators presented an application under section 235 of the Indian ...two of the personal representatives of the late Mr. Jugal Kishore.The opposite parties have objected and contend that in proceedings under section 235 of the Indian ...such substitution can be effected.section 235 of the Indian Companies Act under which the misfeasance proceedings were instituted is...
...Section 235 of the Companies Act of 1913, against the directors, auditor and officers of the company to ...decision that where proceedings have been taken under Section 235 of the Companies Act, against a?; director for...Section 235 of the Companies Act of 1913, which was saved by Section 647(11) ...
...at SCR pp. 381-82:“It will be seen that, while Section 235 of the Act of 1913, like Section 543 of the Companies Act of 1...be possible (though we need express no final opinion on the matter) where a proceeding under Section 543 is covered also by the terms of Section 542 of the Companies Act of 1956, to give ...Director was examined in a proceeding under Section 235 of the Indian Companies Act, 1913, and thereafter dies before an order for payment was made against him, in such proceeding the order that...
...liquidator alleged that the appellant, who had been the manager of the company, was liable under section 235 of the Indian Companies Act to pay two sums of mone...great difference between section 165 of the English Companies Act, 1862, and section 235 of the Indian Companies Act, 1913, as amended by Act ..., misfeasance, or breach of trust, as the Court thinks just.”section 235 of the Indian Companies Act reads as follows:—“Where in the course...
...Section 235 of the Indian Companies Act. Indeed, it is maintained that the company has a lien on the share-money under Clause 43 of the Memorandum and Articles ...Section 235 of the Indian Companies Act are pending against Mr. Ram Nath Goela. Mr. Ram Nath Goela is entered on the register of members and has been brought on the list...the proceedings under Section 235 of the Indian Companies Act, 1913.
10. No order as to costs.
...
....Section 235 of the Indian Companies Act is a procedural section, which is copied from the English Act, and it confers a right on, amongst other p...estate, of a deceased person. In England, on the language of the section from which s. 235 of the Indian Companies Act is copied, it has been held in two cases ...rather on the strict language of the section. As I have said, this section has been copied into the Indian Act, and, prima facie, I think the same construction should be put upon the words of the Indian...
...1. After the Peerdan Juharmal Bank, Limited, was ordered to be wound up^ the Joint Liquidator preferred Application No. 4394 of 1952, under Section 235 of the Indian Companies...of power to investigate the conduct of a dead man under it.
5. The position under the English Statute was thus summed up in Buckley in the "Companies Act," 12th Edition, at page 682:
...Indian Companies Act.
7. In Manilal Brijlal v. Rao Saheb Vandrawandas I.L.R. (1944) Bom. 284, a Division Bench of th...
...petitioner is entitled to allege inaction on the part of the Registrar. It is not disputed that the petitioner s application under ss.397 and 398 of the Companies Act, 1956 is pending bef...Companies Act, 1956 on the basis of the petitioner s representation wherein the petitioner alleged mismanagement.
Mr. Sen,...application under ss.397 and 398 of the Companies Act, 1956 and that the application is pending before the Company Law Board.
The question is whether the...
...section 235 of Be Indian Companies Act 1913. The present application was brought on 22-5-1958, and, obviously with an eye on limitation, professes to be in continuation ...can bear a moment's examination. In the first place both under; section 235 of the. Indian Companies Act, 1913 and under section 543 of the Companies ...and prays that the court may be pleased to take action against them. It does not: become an application under Section 235 of the: Indian Companies Act 1913 by the mere...
...Liquidator of the Jwala Bank Ltd., (in liquidation) Under Section 235 of the Companies Act of 1913. The ...preliminary issue by Mr. Justice Brij Mohan Lall on the 24th of August, 1954. He took the view that though prima facie the application was barred under section 235 of the Indian ...the three appellants in support of the appeals now before us relates to limitation. It is urged that the application under section 235 of the Indian companies Act havin...
...Courts in India as well as the decisions of the courts in England.
5. In order to appreciate the contentions of Mr. Chaudhuri it is necessary to consider Section 235 of ...1913, Section 543 of the Companies Act, 1956, as well as section 333 of the English Companies Act of 1948. I am reproducing hereinafter Section 235 ...re British Guardian Life Assurance Company, [1880] 14 Ch D 335 (Ch D)., wherein it was held that although a proceeding under Section 165 of the English Companies Act, 1862, could not be ...
...1. This is an appeal against the judgment of Bell, J., in a misfeasance proceedings under Section 235 of the Indian Companies Act directing that the appellan...Conduct as managing director of the company should be examined under Section 235 of the Act and that the conduct of the second respondent as official liquidator of the company now in volu...Section 235 of the Companies Act could not be initialed and that Section 235 has no application at all t...
...file a misfeasance summons under section 235 of the Indian Companies Act against the applicant. It is upon that application under section 235 that the applicant...Young, J.:— This is an application under section 280 of the Indian Companies Act praying that the official liquidator of the U.P Oil Mills Co., Ltd., in...” within the meaning of section 280 of the Indian Companies Act. I am supported in this view by a consideration of another English authority, In re Strand Wood Co.(2), w...
...Applicant Companies have also been enclosed with the Application.5. Learned counsel for the Applicant Companies submitted that no proceedings under Section 235 to 251 of ...INDERMEET KAUR, J. (Oral)1. This is a first motion joint Application under Sections 391 and 394 of the Companies Act, 1956, in connection with the...Scheme of Amalgamation of KLJ ESTATES PRIVATE LIMITED AND OTHERS i.e Transferor/Applicant Companies with KLJ DEVELOPERS PRIVATE LIMITED i.e Transferee Company. A copy of the proposed Scheme of...
...sought for relating to M/s. Subhiksha Trading Services Ltd is under enquiry u/s 234 of the Companies Act, 1956 which culminated into an investigation by Serious Fraud Investigation Office (SFIO) u...Section 235 of the Companies Act will hamper the investigation and will go against the intention of such safeguar...provided under Companies Act, 1956 and hence exempted under Section 8(1) (h) of the RTI Act...