https://www.taxtmi.com/caselaws?id=97857 Rules 301 to 304 of the Companies (Court) Rules, 1959 were beyond the rule-making power conferred by the Companies Act, 1956 because they did more than fill procedural gaps. Section 643 authorised rules only on matters left to prescription by the Act, while section 462 vested the court with discretion over the audit of a liquidator's accounts. By prescribing the audit mode, auditor appointment and functioning, document production, and audit certificates, the rules trenched upon powers reserved to the court. The result was that those rules were ultra vires and unenforceable in winding-up proceedings by the court. en-us Thu, 09 Mar 1961 00:00:00 +0530 Wed, 18 Jan 2012 13:16:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97857 Rules 301 to 304 of the Companies (Court) Rules, 1959 were beyond the rule-making power conferred by the Companies Act, 1956 because they did more than fill procedural gaps. Section 643 authorised rules only on matters left to prescription by the Act, while section 462 vested the court with discretion over the audit of a liquidator's accounts. By prescribing the audit mode, auditor appointment and functioning, document production, and audit certificates, the rules trenched upon powers reserved to the court. The result was that those rules were ultra vires and unenforceable in winding-up proceedings by the court. Case-Laws Companies Law Thu, 09 Mar 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97857