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Bare acts > Companies (Court) Rules, 1959
 
 
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RULES

Companies (Court) Rules, 1959

  
 SETTLEMENT OF THE LIST OF CONTRIBUTORIES IN A WINDING-UP BY THE COURT
180.Provisional list of contributories
181.Notice to be given of date of settlement of list
182.Settlement of the list
183.Certificate of final settlement to be filed in Court
184.Notice of settlement to contributories
185.Supplemental list of contributories
186.Variation of the list
187.Application by Official Liquidator for rectification of list
188.Application by contributory to vary the list
189.Official Liquidator not to be personally liable for costs
190.Settlement of the list of contributories in District Courts
191.Notice to be given of date of settlement
192.Settlement of the list
193.Supplemental list of contributories
194.Application for rectification of list
195.List of contributories consisting of past members
196.List of contributories under section 104(1)(b)
 GENERAL MEETINGS OF CREDITORS AND CONTRIBUTORIES IN A WINDING-UP BY COURT AND OF CREDITORS IN A CREDITOR'S VOLUNTARY WINDING-UP
197.Court meetings', 'Liquidator's meetings' and 'Voluntary Liquidation meetings'
198.Application of rules to meetings
199.Notice of meeting
200.Place and time of meeting
201.Notice of first or other meeting to officers of company
202.Proof of notice
203.Costs of calling meetings at the instance of creditor or contributory
204.Chairman of meeting
205.Resolution of creditors' meeting
206.Resolution on contributories' meeting
207.Copy of resolution to be filed
208.Non-receipt of notice by a creditor or contributory
209.Adjournments
210.Quorum
211.Procedure in the absence of quorum
230.When creditor can vote
213.Cases to which creditors may not vote
214.When secured creditor can vote
215.Effect of voting by a secured creditor
216.Procedure when secured creditor votes without surrendering security
217.Admission or rejection of proofs for purposes of voting
218.Minutes of proceedings
219.Report of Court meetings
 PROXIES IN RELATION TO A WINDING-UP BY COURT AND TO MEETINGS OF CREDITORS IN A CREDITORS' VOLUNTARY WINDING-UP
220.Voting by proxies
221.Form of proxies
222.Proxies to Liquidator or Chairman
223.Use of proxies by deputy
224.Forms to be sent with notice
225.Proxies to be lodged
226.Holder of proxy not to vote on matter in which he is financially interested
227.Minor not to be appointed proxy
228.Filling in proxy where creditor or contributory is blind or incapable
229.Proxy of person not acquainted with English
 ATTENDANCE AND APPEARANCE OF CREDITORS AND CONTRIBUTORIES
230.Attendance at proceedings
231.Representation of creditors and contributories before Court
 COLLECTION AND DISTRIBUTION OF ASSETS IN A WINDING-UP BY COURT
232.Powers of Official Liquidator
233.Official Liquidator to be in the position of a Receiver
234.Company's property to be surrendered to Official Liquidator on requisition
 CALLS IN A WINDING-UP BY THE COURT
235.Calls by the Official Liquidator
236.Official Liquidator to realise uncalled capital
237.Application for leave to make call
238.Notice of application
239.Order granting leave to make a call and document making the call
240.Service of notice of call
241.Order for payment of call
242.Other moneys due by contributories
 EXAMINATION UNDER SECTIONS 477 AND 478
243.Application for examination under section 477
244.Directions at hearing of summons
245.Examination on commission or by interrogatories
246.Service of the summons
247.Conduct of the examination
248.Notes of the deposition
249.Order for public examination under section 478
250.Notice of public examination
251.Adjournment of public examination to Court
252.Procedure for contumacy
253.Notes of examination
254.Shorthand notes of examination under sections 477 and 478
255.Application under section 478(7)(a)
256.Default in attending examination under section 477 or 478
257.Prison to which person arrested on warrant is to be taken
258.Execution of warrant of arrest outside ordinary jurisdiction of Court
259.Public examination under section 519
 APPLICATION AGAINST DELINQUENT DIRECTORS, PROMOTERS AND OFFICERS OF THE COMPANY
260.Applications under section 542 or 543
261.Directions at preliminary hearing of summons
262.Liberty to apply for further directions
 DISCLAIMER
263.Application for disclaimer
264.Preliminary hearing of the summons
265.Claimant to furnish statement of his interest
266.Service of notice
267.Order granting leave to disclaim
268.Disclaimer to be filed in Court
269.Vesting of disclaimed property
 COMPROMISE OR ABANDONMENT OF CLAIMS
270.No claim to be compromised or abandoned without sanction of Court
271.Application for sanction of compromise
 SALES BY THE OFFICIAL LIQUIDATORS
272.Sale to be subject to sanction and to confirmation by Court
273.Procedure at sale
274.Expenses of sale
 DIVIDENDS AND RETURNS OF CAPITAL IN A WINDING-UP BY COURT
275.Declaration of dividend or return of capital
276.Notice of declaration
277.Form of authority to pay dividend
278.Transmission of dividends by post
279.Form of order directing return of capital
280.Payment of dividend or return of capital due to a deceased creditor or contributory
 TERMINATION OF WINDING-UP
281.Official Liquidator to apply for dissolution
282.Dissolution of the company
283.Liquidator to pay the balance into public account
284.Conclusion of winding-up
285.Application to declare dissolution void
 REGISTERS AND BOOKS OF ACCOUNT OF THE OFFICIAL LIQUIDATOR
286.Registers and Books to be maintained by the Official Liquidator
 BANKING ACCOUNT OF THE OFFICIAL LIQUIDATOR
287.All moneys to be paid into the Reserve Bank
288.Bills, cheques and securities to be deposited into Bank
289.Payments into Bank under section 471
290.Official Liquidator's Dividend Account
291.Fees to be credited to Central Government
292.Where the company has no available assets
 INVESTMENT OF SURPLUS FUNDS
293.Investment of moneys
294.Official Liquidator to examine the accounts for purposes of investment
295.Investments to be made by the Bank
296.Dividend and interest to be credited
297.Refunds of Income-tax
 FILING AND AUDIT OF THE OFFICIAL LIQUIDATOR'S ACCOUNT
298.Half-yearly accounts to be filed
299.Form of account
300.Nill account
301.Registrar to send copy of account to the auditor
302.Audit of the Official Liquidator's accounts
303.Audit certificate to be filed
304.Audit fees
305.Inspection of the account and certificate of audit
306.Account and auditor's report to be placed before Judge
307.Legal assistance for the Official Liquidator
308.Employment of additional or special staff
309.Apportionment of expenses of common staff
310.Applications under sections 463(2) and 545(3)
311.Annual Statement by the Official Liquidator under section 551
 VOLUNTARY WINDING-UP AND WINDING-UP SUBJECT TO SUPERVISION
312.Applicability of Rules
313.Declaration of solvency in a members' voluntary winding-up
314.Statement to be laid before meeting of creditors under section 495(1)
 LIQUIDATOR IN VOLUNTARY WINDING-UP
315.Notice of appointment of liquidator
316.Order for winding-up subject to supervision
317.Security by liquidator appointed by Court
318.Limit of remuneration of liquidator
319.Restriction on purchase of goods by liquidator
320.Office of liquidator vacated by his insolvency
321.Resignation of liquidator
322.Duty of liquidator upon resignation
323.Books to be kept by the liquidator
324.Banking account of the liquidator
325.Bills, cheques and securities to be deposited in Bank
326.Investment of surplus funds
327.Liquidator's statements under section 551
328.Annual statement under sections 496 (1) (b) and 508 (1) (b)
329.Notice convening final meeting and the account to be laid before the meeting
330.Consideration by Court of the statements under section 551 and the final account, in a winding-up subject to the supervision of the Court
331.Returns to Registrar of Companies
332.Inspection by creditor or contributory of statements filed by liquidator
333.Audit of the liquidator's accounts
334.Applications under section 518
 PAYMENT OF UNCLAIMED DIVIDENDS AND UNDISTRIBUTED ASSETS INTO THE COMPANIES LIQUIDATION ACCOUNT IN A WINDING-UP
335.Statement to accompany payment
336.Unclaimed dividends or undistributed assets under investment
337.Application by person for payment of money paid into the Companies Liquidation Account
338.Cost and expenses payable out of the assets in a winding-up by the Court
  
 PART IV : COSTS AND TAXATION OF COSTS
339.Taxation of costs in Bombay, Calcutta and Madras
340.Registrar to be Taxing Officer
341.Costs in the discretion of the Court
342.Costs to be taxed in accordance with the practice and procedure of the Court
343.All proper charges to be allowed
344.Contents of bill of costs
345.Vouchers to be filed
346.Time for lodging bill
347.Bill of costs by advocate or other person employed by Official Liquidator
348.Scale of advocates' fees
349.Fees in misfeasance proceedings
350.Fees when proceeding is compromised
351.Fees to more than one advocate
352.Costs of parties having common interest
353.Court's power to fix a fee
354.Reference to Judge in Chambers
355.Allowance to witness
356.Taxation between advocate and client
357.Review of Taxation
358.Appeal against Review
359.Certificate of Taxation
  
 PART V : MISCELLANEOUS
360.Inspection of file
361.Saving of rules under Special Acts
 
 
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