Topic Serial # |
Content |
Case Law |
|
PART--X
|
|
|
PREVENTION OF OPPRESSION AND MISMANAGEMENT
|
|
290 |
Application to Court
|
Case Law
|
291 |
Powers of Court under section 290
|
|
292 |
Interim order
|
Case Law
|
293 |
Claim for damages inadmissible
|
|
294 |
Application of certain sections to proceedings under this Part
|
|
295 |
Management by Administrator
|
|
296 |
Rehabilitation of companies owning sick industrial units
|
Case Law
|
|
PART--XI
|
|
|
WINDING UP
|
|
|
PRELIMINARY
|
|
297 |
Modes of winding up
|
Case Law
|
298 |
Liability as contributories of present and past members
|
|
299 |
Liability of directors whose liability is unlimited
|
|
300 |
Definition of “contributory”
|
|
301 |
Nature of liability of contributor
|
|
302 |
Contributories in case of death of member
|
|
303 |
Contributory in case of insolvency of member
|
|
304 |
Contributories in case of winding up of a body corporate which is a member
|
|
305 |
Circumstances in which company may be wound up by Court
|
Case Law
|
306 |
Company when deemed unable to pay its debts
|
Case Law
|
307 |
Transfer of proceedings to other Courts
|
|
308 |
Withdrawal and transfer of winding up from one Court to another
|
|
309 |
Provisions as to applications for winding up
|
Case Law
|
310 |
Right to present winding up petition where company is being wound up voluntarily or subject to Court’s supervision
|
|
311 |
Commencement of winding up by Court
|
|
312 |
Hearing of winding up petition by the Court
|
|
313 |
Court may grant injunction
|
|
314 |
Powers of Court on hearing petition
|
Case Law
|
315 |
Copy of winding up order to be filed with registrar
|
|
316 |
Suits stayed on winding up order
|
Case Law
|
317 |
Court may require expeditious disposal of suits, etc
|
|
318 |
Effect of winding up order
|
|
319 |
Power of Court to stay winding up, etc
|
|
320 |
Court to have regard to wishes of creditors or contributories
|
|
321 |
Appointment of official liquidator
|
|
322 |
Resignation, removal, filling up vacancies, etc., of official liquidator
|
|
323 |
Remuneration of official liquidator
|
|
324 |
Style of official liquidator
|
|
325 |
Appointment and powers of provisional manager
|
Case Law
|
326 |
General provisions as to liquidators
|
|
327 |
Receiver not to be appointed of assets with liquidator
|
|
328 |
Statement of affairs to be made to official liquidator
|
|
329 |
Report by official liquidator
|
|
330 |
Custody of company’s property
|
|
331 |
Committee of inspection in compulsory winding up
|
|
332 |
Constitution and proceedings of committee of inspection
|
|
333 |
Powers of official liquidator
|
Case Law
|
334 |
Discretion of official liquidator
|
|
335 |
Provision for assistance to official liquidator
|
|
336 |
Liquidator to keep books containing proceedings of meetings, etc
|
|
337 |
Liquidator’s account
|
|
338 |
Exercise and control of liquidator’s powers
|
|
339 |
Settlement of list of contributories and application of assets
|
|
340 |
Power to require delivery of property
|
|
341 |
Power to order payment of debts by contributory
|
|
342 |
Power of Court to make calls
|
|
343 |
Power to order payment into bank
|
|
344 |
Regulation of account with Court
|
|
345 |
Order on contributory conclusive evidence
|
|
346 |
Power to exclude creditors not proving in time
|
|
347 |
Adjustment of rights of contributories
|
|
348 |
Power to order costs
|
|
349 |
Distribution by official liquidator
|
|
350 |
Dissolution of company
|
|
351 |
Power to summon persons suspected of having property of company
|
|
352 |
Powers to order public examination of promoters, directors, etc
|
|
353 |
Power to arrest absconding contributory
|
|
354 |
Saving of other proceedings
|
|
355 |
Power to enforce orders
|
|
356 |
Order made by any Court to be enforced by other Courts
|
|
357 |
Mode of dealing with orders to be enforced by other Courts
|
Case Law
|
|
PART--XI
|
|
|
WINDING UP VOLUNTARY WINDING UP RESOLUTION FOR, AND COMMENCEMENT OF VOLUNTARY WINDING UP
|
|
358 |
Circumstances in which company may be wound up voluntarily
|
|
359 |
Commencement of voluntary winding up
|
|
360 |
Effect of voluntary winding up on status of company
|
|
361 |
Notice of resolution to wind up voluntarily
|
|
362 |
Declaration of solvency in case of proposal to wind up voluntarily
|
|
363 |
Provisions Applicable to members” voluntary winding up
|
|
364 |
Appointment of liquidators
|
|
365 |
Power to fill vacancy in office of liquidator
|
|
366 |
Notice of appointment of liquidator to be given to registrar alongwith his consent
|
|
367 |
Power of liquidator to accept shares, etc., as consideration for sale of property of company
|
|
368 |
Duty of liquidator to call creditors” meeting in case of insolvency
|
|
369 |
Duty of liquidator to call general meeting at the end of each year
|
|
370 |
Final meeting and dissolution
|
|
371 |
Alternative provisions as to annual and final meetings in case of insolvency
|
|
372 |
Provisions applicable to creditors” voluntary winding up
|
Case Law
|
373 |
Meeting of creditors
|
|
374 |
Notice of resolution passed by creditors” meeting to be given to registrar
|
|
375 |
Appointment of liquidator
|
|
376 |
Appointment of committee of inspection
|
|
377 |
Fixing of liquidator”s remuneration
|
|
378 |
Directors” powers to cease on appointment of liquidators
|
|
379 |
Power to fill vacancy in office of liquidator
|
|
380 |
Application of section, 367 to a creditors” voluntary winding up
|
|
381 |
Duty of liquidator to call meetings of company and of creditors at the end of every year
|
|
382 |
Final meeting and dissolution
|
|
383 |
Provisions applicable to every voluntary winding up
|
|
384 |
Accounts and statements to be audited
|
|
385 |
Distribution of property of company
|
|
386 |
Application of section 328 and 329 to voluntary winding up
|
|
387 |
Powers and duties of liquidator in voluntary winding up
|
Case Law
|
388 |
Power of Court to appoint and remove liquidator in voluntary winding-up
|
|
389 |
Notice by liquidator of his appointment
|
|
390 |
Arrangement when binding on company and creditors
|
|
391 |
Power to apply to Court to have questions determined or powers exercised
|
|
392 |
Application of liquidator to Court for public examination of promoters, directors, etc
|
|
393 |
Costs of voluntary Winding up
|
|
394 |
Saving for right of creditors and contributories
|
|
395 |
Power of Court to adopt proceedings of voluntary winding up
|
|
396 |
Power to order winding up subject to supervision
|
|
397 |
Effect of petition for winding up subject to supervision
|
|
398 |
Court may have regard to wishes of creditors and contributories
|
|
399 |
Power to replace liquidator
|
|
400 |
Effects of supervision order
|
|
401 |
Appointment of voluntary liquidator as official liquidator in certain cases
|
|
|
PART--XI
|
|
|
WINDING UPPROVISIONS APPLICABLE TO EVERY MODE OF WINDING UP STATUS OF COMPANIES BEING WOUND UP
|
|
402 |
Status of companies being wound up, etc
|
Case Law
|
403 |
Debts of all description to be proved
|
|
404 |
Application of insolvency rules in winding up of insolvent companies
|
|
405 |
Preferential payments
|
Case Law
|
406 |
Avoidance of transfers, etc
|
|
407 |
Disclaimer of property
|
|
408 |
Fraudulent preference
|
|
409 |
Liabilities and rights of certain fraudulently preferred persons
|
|
410 |
Avoidance of certain attachments, executions, etc
|
|
411 |
Effect of floating charge
|
Case Law
|
412 |
Power of Court to assess damages against delinquent directors, etc
|
|
413 |
Liability for fraudulent conduct of business
|
Case Law
|
414 |
Liability under sections 412 and 413 to extend to partners or directors in firm or body corporate
|
|
415 |
Penalty for fraud by officers of companies which have gone into liquidation
|
|
416 |
Liability where proper accounts not kept
|
|
417 |
Penalty for falsification of books
|
|
418 |
Prosecution of delinquent directors
|
|
419 |
Penalty for false evidence
|
|
420 |
Penal Provisions
|
|
421 |
Liquidator to exercise certain powers subject to sanction
|
|
422 |
Meetings to ascertain wishes of creditors or contributories
|
|
423 |
Documents of company to be evidence
|
|
424 |
Summary disposal of certain suits by liquidators
|
|
425 |
Limitation
|
|
426 |
Court-fees
|
|
427 |
Inspection of documents
|
|
428 |
Disposal of books and papers of company
|
|
429 |
Power of Court to declare dissolution of company void
|
|
430 |
Information as to pending liquidation
|
|
431 |
Payments by liquidator into bank
|
|
432 |
Unclaimed dividends and undistributed assets to be paid to Companies Liquidation Account
|
|
433 |
Books of accounts and other proceedings to be kept by liquidators
|
|
434 |
Application of provisions relating to audit
|
|
435 |
Enforcement of duty of liquidator to make return, etc
|
|
436 |
Notification that a company is in liquidation
|
|
437 |
Court or person before whom affidavit may be sworn
|
|
438 |
Power to make rules
|
|
439 |
Registrar may strike defunct company off register
|
|
|
PART--XII
|
|