Respondent, Section
244(1) of the Act 2013 being pari materia to Section 399(1) of the Act 1956,
the interpretation of "Issued Share Capital ... Section 241 and Section 244 of the 2013
Act.
63. No doubt, the parliament while re-enacting Section 398(2) of the
Companies Act
members , prescribed under
clause (a) of sub-section (1) of Section 399 of the Act, would be
satisfied, and they can maintain ... CLB framed the following issues :
(i) Whether the petitioner has requisite qualification as
contemplated under Section 399 of the Companies Act, 1956 to
invoke
Companies Act.
The instant Company Appeal involves a consideration
of interplay of Sections 397 and 398 of the Companies Act,
1956 read with Section 399 ... Section 399 is a
pre-condition to have a right to apply under Section 397 by
virtue of 399.
Section 399 of the Companies Act
relics under Sections 397 and 398
since he does nat filfl the pre-requisite of Section 399 of the Companies Act,
1956.
The Tribunal while ... other family member shareholder which is sufficient compliance of Section 399
of Companies Act, 1956 and therefore the appellant is entitled to file the petition
Respondent approached the Central Government
under sub- Section (4) of Section 399 of the Companies Act, 1956, to pursue the
case, being a minority shareholder ... advice, she approached the Central
Government under sub- Section (4) of Section 399 of the Companies Act,
1956, and having granted permission on 16th November
main Company Petition No. 364 of 2010 questioning the
maintainability of the Company Petition under sections 397 and 398 of
the Companies Act, 1956. According ... terms of Section 399 of the Companies Act,
1956 ( Section 244(1) of the Companies Act, 2013).
5. The Tribunal by impugned order dated 26th
West Bengal Municipal Corporation Act, 2006
WEST BENGAL
India
West Bengal Municipal Corporation Act, 2006
file a petition u/s. 59 of the
Companies Act, 2013 and u/Sec. 397 and 398 of Companies
Act, 1956 .
35. In view ... that except a member qualified in terms of Section 399 (now Section 244 of the
Companies Act, 2013), no other person is entitle to file
Darius Rutton Kavasmaneck vs Gharda Chemicals Limited & Ors on 4 August, 2017
Author: R
Shares.
He did not satisfy the requisites of Section 399 of the Act and
therefore the Company Law Board rightly dismissed his
petition. Shri. Kinariwala ... Section 399 (a) of the Act under which the
Application was held to be not maintainable reads as
under:
399. Right to apply under section
