Companies Act offences are non-cognizable and require specified written complainants to initiate court proceedings. Section 439 deems offences under the Companies Act to be non-cognizable except as otherwise provided, restricting courts from taking cognizance of company or officer offences except on written complaint by the Registrar, a shareholder/member, or a Central Government-authorised person; SEBI-authorised persons may complain about securities issues, transfers and dividend non-payment; the Registrar or Central Government complainant need not personally attend court unless required; the restriction does not apply to actions by a liquidator in winding up, and a liquidator is not an officer of the company for this purpose.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Companies Act offences are non-cognizable and require specified written complainants to initiate court proceedings.
Section 439 deems offences under the Companies Act to be non-cognizable except as otherwise provided, restricting courts from taking cognizance of company or officer offences except on written complaint by the Registrar, a shareholder/member, or a Central Government-authorised person; SEBI-authorised persons may complain about securities issues, transfers and dividend non-payment; the Registrar or Central Government complainant need not personally attend court unless required; the restriction does not apply to actions by a liquidator in winding up, and a liquidator is not an officer of the company for this purpose.
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