Clarification regarding applicability of Section 16 (1)(a) of the Companies Act. 2013 with reference to cases under corresponding provisions of Companies Act. 1956 -reg.
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Limitation extinguishment bars fresh company applications where earlier filings were rejected as time barred under prior law. Where an application was earlier rejected as time barred under Section 22(1)(ii)(b) of the Companies Act, 1956 for being filed after the twelve month period, the extinguished limitation is not revived by the lack of a prescribed limitation in Section 16(1)(a) of the Companies Act, 2013; applicants cannot file fresh Section 16(1)(a) applications to bypass the prior time bar decision.
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.
Limitation extinguishment bars fresh company applications where earlier filings were rejected as time barred under prior law.
Where an application was earlier rejected as time barred under Section 22(1)(ii)(b) of the Companies Act, 1956 for being filed after the twelve month period, the extinguished limitation is not revived by the lack of a prescribed limitation in Section 16(1)(a) of the Companies Act, 2013; applicants cannot file fresh Section 16(1)(a) applications to bypass the prior time bar decision.
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