Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The court held that the Registrar of Companies (ROC) had the power to strike off the name of a company from the Register u/s 560(1)(6) of the old Companies Act, 1956, which is pari materia with Section 248 of the new Companies Act, 2013. The provisions under the old and new Acts are consistent, with the new Act providing a more detailed procedure for striking off and an effective remedy for dealing with deregistration of non-operational companies. The registers maintained under the old Act are deemed to be maintained under the new Act. The petitioner's remedy lies with the National Company Law Tribunal under Chapter XXVII of the Companies Act, 2013. Therefore, the application was dismissed.
The court held that the Registrar of Companies (ROC) had the power to strike off the name of a company from the Register u/s 560(1)(6) of the old Companies Act, 1956, which is pari materia with Section 248 of the new Companies Act, 2013. The provisions under the old and new Acts are consistent, with the new Act providing a more detailed procedure for striking off and an effective remedy for dealing with deregistration of non-operational companies. The registers maintained under the old Act are deemed to be maintained under the new Act. The petitioner's remedy lies with the National Company Law Tribunal under Chapter XXVII of the Companies Act, 2013. Therefore, the application was dismissed.
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