decree - in
view of section 2(g) , its security has preference. Unlike
section 73 CPC, section 446 does not require a decree ... additional section like section 34 - is on a stronger
footing for holding that leave of the Company Court is not
necessary under section 537
Section 537 in The Companies Act, 1956
537. [Avoidance of certain attachments, executions, etc., in winding up by Tribunal
(1) Where any company is being ... company after such commencement, shall be void. (2) Nothing in this section applies to any proceedings for the recovery of any tax or impost
Section 537 in The Calcutta Municipal Corporation Act, 1980
537. Procedure when immovable property cannot be acquired by agreement. -
(1) Whenever the Municipal Commissioner ... unable under section 536 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the Corporation or whenever
such acts.
(4) Nothing contained in this section shall affect the Indian Penal Code , Section 71 ."
Section 236 . "If a single ... strict provisions of Section 360 , Criminal P. C., only amounted to an irregularity and was cured by Section 537 of the Code." Referring
section 232 of the Indian Companies Act, 1913, which provisions are equivalent to the provisions of the present section 537 of the Companies ... amended section 529 or section 529A of the Companies Act, 1956. Hence, the impact of these provisions on section 537 of the Companies
Section 204 (1-A) is not a matter going to the root of the jurisdiction but only a curable irregularity under Section 537 ... opinion that non-compliance of Section 204 (I-A) is an irregularity which is curable under Section 537 and does not vitiate the proceedings unless
section provided that this would not apply to proceedings by the Crown. The corresponding section in the present Act is Section 537 . The second ... Section 537(2) of the Companies Act, 1956. This section, i.e., Section 537 read as a whole shows that any attachment, distress or execution
after the commencement of the winding up proceedings, are void under section 537 of the Companies Act as on individual creditor is entitled to recover ... same meaning as provided in section 441 . Therefore, it is not possible to accept the submission that section 537(1) can only come into play
section (4) of Section 20 provides that notwithstanding anything contained in Sub-section (2) or Sub-section (3) of Section 20 , the BIFR may cause ... regard to amendment to Section 529(1) and insertion of Section 529-A , by Act 35 of 1985, Section 537(1)(b) will apply
contained in Section 233 and a neglect of the provisions contained in that section is not, I think, cured by Section 537.
11. Not only ... general saving section which is, however, limited by the foregoing sections in the same Chapter. In one of the sections before Section 537, viz., Section
