Section 394 in The Companies Act, 1956
394. Provisions for facilitating reconstruction and amalgamation of companies .-
(1) Where an application is made to the [[Tribunal ... between a company and any such persons as are mentioned in that section, and it is shown to the [Tribunal] [ Substituted by Act
394 in The Companies Act, 2013
394. Annual reports on Government companies.—
(1) Where the Central Government is a member of a Government company ... shall cause an annual report on the working and affairs of that company to be— (a) prepared within three months of its annual general meeting
Consequently, these sixteen companies had filed a
Company Petition No.50/2003 under sections 391 and 394 of the
Companies Act, 1951 seeking approval ... liabilities of the transferor company to the
transferee company made under Section 394(1) and
(2) of the Companies Act , by means of an
amalgamation
assets from the transferor company to the transferee company does not take place under Section 394 of the Companies Act but on the basis ... section (2) of Section 394 of the aforesaid Act, and apart from complying with the provisions of Sub-section (2) of Section 394 , nothing further
relation to the company under Sections 235 to 251 and the like.
9. Section 394 of the Companies Act, 1956 insofar as the same ... amalgamation is the agreement between the two or more companies. Section 394 of the Companies Act makes this abundantly clear. It reads as under
relation to the company under
sections 235 to 251 , and the like."
Section 394 (2) of the Companies Act, 1956 provides that the properties ... Companies
Act, 1956. The question of repugnancy of Section 2(g)(iv) of the Act visa-a-
vis Section 394 of the Companies Act
respect of the
amalgamation or reconstruction of companies under section
394 of the Companies Act, 1956 or under of the Reserve Bank
of India under ... regards the amalgamation of Companies is concerned,
section 391 r/w. Section 394 of The Companies Act, 1956,
contemplates following steps :-
(i) Formation
amalgamation scheme, the amalgamated company
stood dissolved without winding up, in terms of section 394 of the Companies
Act, 1956. Reliance was placed ... existing company or
with a company created anew was provided for, statutorily, under the old
Companies Act, 19569, under Section 394 (1) (a) . Section 394
section 2 read with section 34 of the Bombay Stamp Act are repugnant to sections 391 and 394 of the Companies Act and the State ... provisions of section 2(g) read with section 34 of the Bombay Stamp Act are repugnant to section 394 of the Companies Act
company owning an industrial undertaking with another company."
If the provisions of section 391 to 394 of the Companies Act are inconsistent with ... section 391 to 394 of the Act which are the relevant provisions of the Act. The provisions of section 391 and 394 are as under
