Ultimate Law Resources : Database for Lawyers

Companies (Court) Rules, 1997

Topic Serial #	Content	Case Law
	PREAMBLE
0	PREAMBLE
	PART--I
	GENERAL
1	Short title and commencement
2	Definitions
3	Inherent powers of Court
4	General Heading
5	Petitions generally
6	Language of proceedings
7	Practice and procedure of the Court and provisions of the Code to apply
8	Power of Court to enlarge or abridge time
9	Computation of time
10	Registers to be kept
11	Serial number of proceedings
12	Process to be sealed
13	Inspection and copies of proceedings
14	Forms
15	Affidavits
16	Affidavit verifying petition
17	Enclosures to petition
18	Direction on petition
19	Advertisement of the petition
20	Contents of advertisement
21	Service of petition
22	Notice of petition and time of service
23	Service on company
24	Petitioner to effect service
25	Affidavit of service
26	Procedure on default of compliance as regards advertisement and service of notice
27	Mode of service and service when deemed to be effected
28	Validity of service and of proceedings
29	Notice to be given by persons intending to appear at the hearing of petition
30	List of persons intending to appear to be filed
31	Procedure at hearing of petition
32	Order to be drawn up
	PART---II
	PROCEEDINGS IN MATTERS OTHER THAN WINDING UP
33	Petition to cancel variation of rights
34	Petition for rectification of Register of Mortgages etc
35	Applications of Receivers for direction of the Court
36	Petition for rectification of register of members and debenture holders
37	Form of petition
38	Procedure at the hearing
39	Directions where creditors are entitled to object
40	List of creditors
41	Contents of affidavit
42	Inspection of list of creditors
43	Notice to creditors
44	Advertisement of the petition and the list of creditors
45	Affidavit as to result of rules 43 and 44
46	Procedure when claim is not admitted
47	Costs of proof
48	Certificate by the Court as to creditors
49	Hearing of petition
50	Who may appear and oppose
51	Direction of hearing
52	Directions as to advertisement of order and dispensing with the addition of words 'and reduced'
53	Approval of minutes
54	Publication of reasons, reduction, etc
55	Form and Notice
56	Directions at hearing of application
57	Report of result of meeting
58	General directions for holding of meetings
59	Result of resolution of meeting should be decided by poll
60	Petition for confirming compromise or arrangement
61	Date and notice of hearing
62	Order on petition
63	Application for directions under section 287
64	Directions at hearing of application
65	Order under section 287
66	Compromise or arrangement involving reduction of capital
67	Report on working of compromise or arrangement
68	Liberty to apply
69	Petition under section 290
70	Notice to Registrar
71	Order involving reduction of capital or alteration of memorandum
72	Notice to Registrar of Companies
73	Delivery of order and publication thereof
74	Registrar's costs of petition
	PART--III
	WINDING UP
75	Petition for winding up
76	Admission of petition and directions as to advertisement
77	Copy of petition to be furnished
78	Advertisement of petition
79	Application for leave to withdraw petition
80	Substitution of creditor or contributory for original petitioner
81	Procedure on substitution
82	Affidavit-in-opposition
83	Affidavit in reply
84	Stay of suit or proceeding pending petition
85	Appointment of Provisional Manager
86	Rules applicable to Provisional Manager
87	Notice to official liquidator etc. of order
88	Form of order of winding up, etc
89	Order to be served upon the company
90	Official liquidator
91	Directions on making the winding up order
92	Advertisement of the order
93	Official liquidator to take charge of assets and books and papers of company
94	Form of proceedings after winding up order is made
95	Application for stay of winding up proceedings
96	Joint liquidators
97	Security of Provisional Manager and official liquidator
98	Security how furnished
99	Failure to furnish security
100	Failure to maintain security
101	Security increased or reduced
102	Application for leave to commence, continue or transfer of suit or proceeding
103	Notice to submit statement
104	Application by official liquidator under section 328
105	Preparation of statement of affairs
106	Form of the statement
107	Extension of time for submitting statement
108	Expenses of preparing the statement
109	Officers of company to attend and give information
110	Duty of person making or concurring in statement
111	Default in complying with section 328
112	Liquidator in voluntary winding up or winding up subject to supervision to submit statement
113	Preliminary report by official liquidator
114	Inspection of statement and preliminary report
115	Further Report by official liquidator
116	Consideration of report by Court
117	Summons for directions to be taken out by official liquidator
118	First meeting of creditors and contributories
119	Official liquidator to report results of meetings and apply for directions
120	Application for order not to fill vacancy in Committee
121	Liquidator and members of the Committee dealing with company's assets
122	Committee of Inspection not to make profit
123	Cost of obtaining sanction of Court
124	Order sanctioning payment to Committee
125	Fixing a date for proving debt
126	Notice to creditors
127	Proof of debt
128	Mode of proof and verification thereof
129	Contents of proof
130	Workmen's wages
131	Production of bills of exchange and promissory notes
132	Value of debts
133	Discount
134	Surcharge
135	Periodical payments
136	Proof of debt payable at a future time
137	Examination of proof
138	Official liquidator's right to summon any person in connection with the investigation
139	Oaths
140	Costs of proof
141	Acceptance or rejection of proof to be communicated
142	Appeal by creditor
143	Procedure where creditor appeals
144	Official liquidator not to he personally liable for costs
145	Proof and list of creditors to be filed in Court
146	List of creditors not to be varied
147	Notice of filing the list and inspection of the same
148	Expunging of proof
149	Procedure on failure to prove the debt within the time fixed
150	Right of creditor who has not proved debt before declaration of dividend
151	Payment of subsequent surcharge
152	Provisional list of contributories
153	Notice to be given of date of settlement of list
154	Settlement of the list
155	Certificate of final settlement to be filed in the Court
156	Notice of settlement to contributories
157	Supplemental list of contributories
158	Variation of the list
159	Application by official liquidator for rectification of list
160	Application by contributory to vary the list
161	Official liquidator not to he personally liable for costs
162	List of contributors consisting of past members
163	List of contributors under section 104 (1) (ii)
164	Court meetings liquidators meetings' and 'Voluntary Liquidation meetings'
165	Application of rules to meetings
166	Notice of meeting
167	Place and time of meeting
168	Notice of first or any other meeting to officers of company
169	Proof of notice
170	Costs of calling meetings at the instance of creditor or contributory
171	Chairman of meeting
172	Resolution at creditors' meeting
173	Resolution of contributors meeting
174	Copies of resolutions to be filed
175	Non-receipt of notice by a creditor or contributory
176	Adjournments
177	Quorum
178	Procedure in the absence of quorum
179	When creditor can vote
180	Cases to which creditors may not vote
181	When secured creditor can vote
182	Effect of voting by a secured creditor
183	Procedure when secured creditor votes without surrendering security
184	Admission or rejection of proofs for purposes of voting
185	Minutes of proceedings
186	Report of Court meetings
187	Voting by proxies
188	Form of proxies
189	Proxies to liquidator or chairman
190	Use of proxies by deputy
191	Forms to be sent with notice
192	Proxies to be lodged
193	Holder of proxy not to vote on matter in which he is financially interested
194	Minor not to be appointed proxy
195	Filling in proxy where creditor or contributory is blind or incapable
196	Attendance at proceedings
197	Powers of official liquidator
198	Official liquidator to the in the position of a receiver
199	Company's property to the delivered to official liquidator on requisition
200	Calls by the official liquidator
201	Official liquidator to realize uncalled capital
202	Application for leave to make call
203	Notice of application
204	Order making a call and document making the call
205	Service of notice of call
206	Order for payment of call
207	Other moneys due by contributors
208	Application for examination under section 351
209	Directions at hearing of summons
210	Examination on commission or by interrogatories
211	Service of the summons
212	Conduct of the examination
213	Notes of the deposition
214	Order for public examination under section 352
215	Notice of public examination
216	Adjournment of public examination to Court
217	Procedure for contumacy
218	Notes of examination
219	Application under section 352(7)
220	Default in attending examination under section 351 or 352
221	Prison to which person arrested or warrant is to be taken
222	Execution of warrant of arrest outside ordinary jurisdiction of Court
223	Public examination under section 392
224	Applications under section 412 or 413
225	Directions at preliminary hearing of summons
226	Liberty to apply for further directions
227	Application for disclaimer
228	Preliminary hearing of the summons
229	Claimant to furnish statement of his interest
230	Service of notice
231	Order granting leave to disclaim
232	Disclaimer to be filed in Court
233	Vesting of disclaimed property
234	No claim to be compromised or abandoned without sanction of Court
235	Application for sanction of compromise
236	Sale to be subject to sanction and to confirmation by Court
237	Procedure at sale
238	Expenses of sale
239	Declaration of dividend or return of capital
240	Notice of declaration
241	Authority to pay dividend
242	Transmission of dividends by post
243	Form of order directing return of capital
244	Payment of dividend or return of capital due to a deceased creditor or contributory
245	Official liquidator to apply for dissolution
246	Dissolution of the company
247	Liquidator to pay the balance into public account
248	Conclusion of winding up
249	Application to declare dissolution void
250	Registers and Books to be maintained by the liquidator
251	Bank Account and funds of the Company in-liquidation
252	Bills, cheques and securities to be deposited into bank
253	Payments into bank under section 343
254	Liquidator's Dividend Account
255	Investment of surplus funds
256	Liquidator's remuneration
257	Where the company has no available assets
258	Dividend and interest to be credited
259	Account to be filed
260	Form of Account
261	Nil Account
262	Registrar to send copy of account to the Auditor
263	Audit of the official liquidator's accounts
264	Audit report to be filed
265	Account, auditor's report and official liquidator's explanation to be placed before Judge
266	Legal assistance for the official liquidator
267	Statement by the liquidator under section 430
268	Applicability of rules
269	Declaration of solvency in a member's voluntary winding up
270	Statement to be laid before meeting of creditors under section 368
271	Notice of appointment of liquidator
272	Order for winding up subject to supervision
273	Security by Liquidator appointed by Court
274	Limit of remuneration of liquidator
275	Restriction on purchase of goods by liquidator
276	Office of the liquidator vacated by his insolvency
277	Resignation, removal, etc. of liquidator
278	Books to be kept by the liquidator
279	Notice convening final meeting and the account to be laid before the meeting
280	Consideration by Court of the statements under section 430 and final account in a winding up subject to the supervision of the Court
281	Returns to Registrar of Companies
282	Inspection by creditor or contributory of statements filed by liquidator
283	Audit of the liquidator's account
284	Applications under section 391
285	Statement to accompany payment
286	Cost and expenses payable out of the assets in a winding up by the Court
	PART---IV
	COST AND TAXATION OF COSTS
287	Taxation of costs
	PART--V