New User / Register | Annual Subscription | SMS Option | Feedback |
Login: Stay
| Forget Password |
Tax Management India .com
             
TMI - Tax Management India. Com

Companies Law
 

 Company Court Rules, 1959

Provisions Title
Short title and commencement.
 
Interpretation.
 
Proceedings to be neat and legible.
 
Form of proceedings.
 
Language of proceedings.
 
Practice and procedure of the Court and provisions of the Code to apply.
 
Power of Court to enlarge or abridge time.
 
Computation of time.
 
Inherent powers of Court.
 
Applications how made.
 
Petitions.
 
Matters to be heard in open Court and in Chambers.
 
Registers to be kept.
 
Serial number of proceedings.
 
Process to be sealed.
 
Inspection and copies of proceedings
 
Forms.
 
Affidavits.
 
Form of Judge's summons and service thereof.
 
Issue of summons.
 
Affidavit verifying petition.
 
Enclosures to petition.
 
Summons for directions.
 
Advertisement of petition.
 
Contents of advertisement.
 
Service of petition.
 
Notice of petition and time of service.
 
Service on company.
 
Petitioner to effect service.
 
Affidavit of service.
 
Procedure on default of compliance as regards advertisement and service of notice.
 
Mode of service and service when deemed to be effected.
 
Validity of service and of proceedings.
 
Notice to be given by persons intending to appear at the hearing of petition.
 
List of persons, intending to appear, to be filed
 
Procedure at hearing of petition.
 
Order to be drawn up
 
Form of petition under section 17 and Summons for directions
 
Directions at hearing of summons.
 
Notice to Registrar of Companies and Central Government.
 
Procedure where creditors are entitled to object.
 
Order confirming alteration.
 
Petition under section 579.
 
Petition for sanctioning the issue of shares at a discount.
 
Order sanctioning issue to be delivered to Registrar of Companies.
 
Form of petition for reduction of share capital and summons for directions
 
Procedure on hearing of summons.
 
Directions at the hearing of summons.
 
List of creditors.
 
Affidavit verifying list of creditors.
 
Inspection of list of creditors.
 
Notice to creditors.
 
Advertisement of petition and list of creditors.
 
Affidavit of service.
 
Affidavit by company as to the result of rules 52 and 53.
 
Procedure where claim is not admitted, and proof of debt.
 
Costs of proof.
 
Certificate by the Judge as to creditors.
 
Hearing of petition.
 
Who may appear and oppose.
 
Directions at hearing.
 
Order on petition.
 
Minute.
 
Advertisement of reasons for reduction of capital.
 
Form of minute and notice of registration.
 
Petition to cancel variation of rights.
 
Summons for directions to convene a meeting.
 
Service on company.
 
Directions at hearing of summons.
 
Proxies.
 
Application for stay.
 
Application to vacate or vary order of stay.
 
Notice of meeting.
 
Advertisement of the notice of meeting.
 
Copy of compromise or arrangement to be furnished by the company.
 
Affidavit of service.
 
Result of the meeting to be decided by poll.
 
Report of the result of the meeting.
 
Petition for confirming compromise or arrangement.
 
Date and notice of hearing.
 
Order on petition.
 
Application for directions under section 394.
 
Directions at hearing of applications.
 
Order under section 394.
 
Compromise or arrangement involving reduction of capital.
 
Report on working of compromise or arrangement.
 
Liberty to apply.
 
Petition under section 397 or 398.
 
Notice to Central Government.
 
Order involving reduction of capital or alteration of memorandum.
 
Application under section 407(1)(b) for leave to act as managing direc­tor, etc.
 
Notice to Registrar of Companies.
 
Delivery of order and advertisement thereof.
 
Registrar's costs of petition.
 
Petition for winding-up.
 
Admission of petition and directions as to advertisement.
 
Petition by a contingent or prospective creditor.
 
Copy of petition to be furnished.
 
Advertisement of petition.
 
Application for leave to withdraw petition.
 
Substitution of creditor or contributory for original petitioner.
 
Procedure on substitution.
 
Affidavit in opposition.
 
Affidavit in reply.
 
Stay of suit or proceeding pending petition.
 
Appointment of Provisional Liquidator.
 
Rules applicable to Provisional Liquidator.
 
Costs, etc., of Provisional Liquidator.
 
Notice to Official Liquidator of order.
 
Contents of winding-up order and order appointing Provisional Liquidator.
 
Order to be sent to Official Liquidator and form of order.
 
Directions on making the winding-up order.
 
Advertisement of the order.
 
Official Liquidator to take charge of assets and books and papers of company.
 
Form of proceedings after winding-up order is made.
 
Application for stay of winding-up proceedings.
 
Application for leave to commence or continue suit or proceeding.
 
Application for transfer of suit or proceeding.
 
Application for transfer.
 
Transmission of records upon transfer of proceeding.
 
Proceedings to be re-numbered.
 
Notice to Official Liquidator.
 
Official Liquidator of Transferee Court to be Liquidator.
 
Notice to submit statement.
 
Application by Official Liquidator under section 454(2).
 
Preparation of statement of affairs.
 
Form of the statement.
 
Extension of time for submitting statement.
 
Expenses of preparing the statement.
 
Officers of company to attend and give information.
 
Duty of person making or concurring in statement.
 
Default in complying with section 454.
 
Dispensing with statement of affairs.
 
Liquidator in voluntary winding-up or winding-up subject to supervision, to submit statement.
 
Preliminary report by Official Liquidator.
 
Inspection of statement and preliminary report.
 
Further report by Official Liquidator.
 
Consideration of report by Court.
 
Summons for directions to be taken out by Official Liquidator.
 
First meeting of creditors and contributories.
 
Official Liquidator to report result of meeting and apply for directions.
 
Application for order not to fill vacancy in Committee.
 
Liquidator and members of the Committee dealing with company's assets.
 
Committee of Inspection not to make profit.
 
Costs of obtaining sanction of Court.
 
Order sanctioning payment to Committee.
 
Fixing a date for proving debts.
 
Notice to creditors.
 
Proof of debt.
 
Mode of proof and verification thereof.
 
Contents of proof.
 
Workmen's wages.
 
Production of bills of exchange and promissory notes.
 
Value of debts.
 
Discount.
 
Interest.
 
Periodical payments.
 
Proof of debt payable at a future time.
 
Examination of proof.
 
Official Liquidator's right to summon any person in connection with the investigation.
 
Oaths.
 
Costs of proof.
 
Acceptance or rejection of proof to be communicated.
 
Appeal by creditor.
 
Procedure where creditor appeals.
 
Official Liquidator not to be personally liable for costs.
 
Proofs and list of creditors to be filed in Court.
 
List of creditors not to be varied.
 
Notice of filing the list and inspection of the same.
 
Procedure in the District Court regarding proof of claims.
 
List of proofs and summons for directions.
 
Direction at hearing of summons.
 
Notice to be given to creditors.
 
Settlement of list of creditors.
 
Inspection of the list of creditors and the proofs filed.
 
Expunging of proof.
 
Procedure on failure to prove the debt within the time fixed.
 
Right of creditor who has not proved debt before declaration of dividend.
 
Payment of subsequent interest.
 
Provisional list of contributories.
 
Notice to be given of date of settlement of list.
 
Settlement of the list.
 
Certificate of final settlement to be filed in Court.
 
Notice of settlement to contributories.
 
Supplemental list of contributories.
 
Variation of the list.
 
Application by Official Liquidator for rectification of list.
 
Application by contributory to vary the list.
 
Official Liquidator not to be personally liable for costs.
 
Settlement of the list of contributories in District Courts.
 
Notice to be given of date of settlement.
 
Settlement of the list.
 
Supplemental list of contributories.
 
Application for rectification of list.
 
List of contributories consisting of past members.
 
List of contributories under section 104(1)(b).
 
'Court meetings', 'Liquidator's meetings' and 'Voluntary Liquidation meetings'.
 
Application of rules to meetings.
 
Notice of meeting.
 
Place and time of meeting.
 
Notice of first or other meeting to officers of company.
 
Proof of notice.
 
Costs of calling meetings at the instance of creditor or contributory.
 
Chairman of meeting.
 
Resolution of creditors' meeting.
 
Resolution on contributories' meeting.
 
Copy of resolution to be filed.
 
Non-receipt of notice by a creditor or contributory.
 
Adjournments.
 
Quorum.
 
Procedure in the absence of quorum.
 
When creditor can vote.
 
Cases to which creditors may not vote.
 
When secured creditor can vote.
 
Effect of voting by a secured creditor.
 
Procedure when secured creditor votes without surrendering security.
 
Admission or rejection of proofs for purposes of voting.
 
Minutes of proceedings.
 
Report of Court meetings.
 
Voting by proxies.
 
Form of proxies.
 
Proxies to Liquidator or Chairman.
 
Use of proxies by deputy.
 
Forms to be sent with notice.
 
Proxies to be lodged.
 
Holder of proxy not to vote on matter in which he is financially interested.
 
Minor not to be appointed proxy.
 
Filling in proxy where creditor or contributory is blind or incapable.
 
Proxy of person not acquainted with English.
 
Attendance at proceedings.
 
Representation of creditors and contributories before Court.
 
Powers of Official Liquidator.
 
Official Liquidator to be in the position of a Receiver.
 
Company's property to be surrendered to Official Liquidator on requisition.
 
Calls by the Official Liquidator.
 
Official Liquidator to realise uncalled capital.
 
Application for leave to make call.
 
Notice of application.
 
Order granting leave to make a call and document making the call.
 
Service of notice of call.
 
Order for payment of call.
 
Other moneys due by contributories.
 
Application for examination under section 477.
 
Directions at hearing of summons.
 
Examination on commission or by interrogatories.
 
Service of the summons.
 
Conduct of the examination.
 
Notes of the deposition.
 
Order for public examination under section 478.
 
Notice of public examination.
 
Adjournment of public examination to Court.
 
Procedure for contumacy.
 
Notes of examination.
 
Shorthand notes of examination under sections 477 and 478.
 
Application under section 478(7)(a).
 
Default in attending examination under section 477 or 478.
 
Prison to which person arrested on warrant is to be taken.
 
Execution of warrant of arrest outside ordinary jurisdiction of Court.
 
Public examination under section 519.
 
Applications under section 542 or 543.
 
Directions at preliminary hearing of summons.
 
Liberty to apply for further directions.
 
Application for disclaimer.
 
Preliminary hearing of the summons.
 
Claimant to furnish statement of his interest.
 
Service of notice.
 
Order granting leave to disclaim.
 
Disclaimer to be filed in Court.
 
Vesting of disclaimed property.
 
No claim to be compromised or abandoned without sanction of Court.
 
Application for sanction of compromise.
 
Sale to be subject to sanction and to confirmation by Court.
 
Procedure at sale.
 
Expenses of sale.
 
Declaration of dividend or return of capital.
 
Notice of declaration.
 
Form of authority to pay dividend.
 
Transmission of dividends by post.
 
Form of order directing return of capital.
 
Payment of dividend or return of capital due to a deceased creditor or contributory.
 
Official Liquidator to apply for dissolution.
 
Dissolution of the company.
 
Liquidator to pay the balance into public account.
 
Conclusion of winding-up.
 
Application to declare dissolution void.
 
Registers and Books to be maintained by the Official Liquidator.
 
All moneys to be paid into the Reserve Bank.
 
Bills, cheques and securities to be deposited into Bank.
 
Payments into Bank under section 471.
 
Official Liquidator's Dividend Account.
 
Fees to be credited to Central Government.
 
Where the company has no available assets.
 
Investment of moneys.
 
Official Liquidator to examine the accounts for purposes of investment.
 
Investments to be made by the Bank.
 
Dividend and interest to be credited.
 
Refunds of Income-tax.
 
Half-yearly accounts to be filed.
 
Form of account.
 
Nill account.
 
Registrar to send copy of account to the auditor.
 
Audit of the Official Liquidator's accounts.
 
Audit certificate to be filed.
 
Audit fees.
 
Inspection of the account and certificate of audit.
 
Account and auditor's report to be placed before Judge.
 
Legal assistance for the Official Liquidator.
 
Employment of additional or special staff.
 
Apportionment of expenses of common staff.
 
Applications under sections 463(2) and 545(3).
 
Annual Statement by the Official Liquidator under section 551.
 
Applicability of Rules.
 
Declaration of solvency in a members' voluntary winding-up.
 
Statement to be laid before meeting of creditors under section 495(1).
 
Notice of appointment of liquidator.
 
Order for winding-up subject to supervision.
 
Security by liquidator appointed by Court.
 
Limit of remuneration of liquidator.
 
Restriction on purchase of goods by liquidator.
 
Office of liquidator vacated by his insolvency.
 
Resignation of liquidator.
 
Duty of liquidator upon resignation.
 
Books to be kept by the liquidator.
 
Banking account of the liquidator.
 
Bills, cheques and securities to be deposited in Bank.
 
Investment of surplus funds.
 
Liquidator's statements under section 551.
 
Annual statement under sections 496(1)(b) and 508(1)(b).
 
Notice convening final meeting and the account to be laid before the meeting.
 
Consideration by Court of the statements under section 551 and the final account, in a winding-up subject to the supervision of the Court.
 
Returns to Registrar of Companies.
 
Inspection by creditor or contributory of statements filed by liquidator.
 
Audit of the liquidator's accounts.
 
Applications under section 518.
 
Statement to accompany payment.
 
Unclaimed dividends or undistributed assets under investment.
 
Application by person for payment of money paid into the Companies Liquidation Account.
 
Cost and expenses payable out of the assets in a winding-up by the Court.
 
Taxation of costs in Bombay, Calcutta and Madras.
 
Registrar to be Taxing Officer.
 
Costs in the discretion of the Court.
 
Costs to be taxed in accordance with the practice and procedure of the Court.
 
All proper charges to be allowed.
 
Contents of bill of costs.
 
Vouchers to be filed.
 
Time for lodging bill.
 
Bill of costs by advocate or other person employed by Official Liquidator.
 
Scale of advocates' fees.
 
Fees in misfeasance proceedings.
 
Fees when proceeding is compromised.
 
Fees to more than one advocate.
 
Costs of parties having common interest.
 
Court's power to fix a fee.
 
Reference to Judge in Chambers.
 
Allowance to witness.
 
Taxation between advocate and client.
 
Review of Taxation.
 
Appeal against Review.
 
Certificate of Taxation.
 
Inspection of file.
 
Saving of rules under Special Acts.
 
(See rule 22)
 
(See rule 348) Fees to Advocates
 
General heading for proceedings
 
(See rule 19)
 
Affidavit verifying petition
 
Summons for directions
 
Notice of petition
 
Notice of petition
 
Affidavit of service of petition on company
 
Affidavit of service of petition/application on liquidator
 
Notice of intention to appear
 
List of persons intending to appear
 
Petition under section 17 for confirming alteration of memorandum
 
Affidavit in support of the petition and the summons for directions
 
Order on summons for directions
 
Notice of hearing of petition
 
Order on petition (confirming the alteration)
 
Petition under section 579 for confirming the substitution of memorandum and articles for a deed of settlement
 
Petition under section 79 for sanction of issue of shares at a discount
 
Petition under section 101 for confirming the reduction of share capital
 
Summons for directions
 
Orders on summons for directions
 
(See rule 49)
 
Affidavit verifying list of creditors
 
Notice to creditors
 
Advertisement of petition and list of creditors
 
Affidavit of service
 
Affidavit as to the result of notices issued
 
Notice to creditors to come in and prove
 
Affidavit of creditor providing debt
 
Advertisement of hearing of petition
 
Order confirming reduction of capital and approving minute
 
Form of minute
 
Notice of registration of order and minute
 
Summons for directions to convene a meeting under section 391
 
Affidavit in support of summons
 
Order on summons for directions
 
Notice convening meeting
 
Form of proxy
 
Notice convening meeting of creditors/shareholders, etc.
 
Report by Chairman
 
Petition to sanction compromise or arrangement
 
Order on petition
 
Upon the above petition [and application] coming on for further hearing on upon reading, etc., and upon hearing, etc. This Court Doth Order
 
Petition by minority shareholders under section 397
 
Petition under section 398 for relief against mismanagement
 
Petition for winding-up (General Form)
 
Petition by creditor
 
Petition by company
 
Advertisement of Petition
 
Order appointing Provisional Liquidator
 
Notification to Official Liquidator of winding-up order
 
Notification to Official Liquidator of order appointing him Provisional Liquidator
 
Winding-up Order
 
Notice of winding-up order
 
Order for transfer of winding-up proceedings Upon hearing etc.,
 
Notice to submit statement of affairs and attend official Liquidator
 
Order on application by Official Liquidator under section 454(2)
 
Statement of affairs under section 454
 
Affidavit of concurrence in statement of affairs
 
Certificate extending time for statement of affairs
 
Preliminary report of the Official Liquidator under section 455(1)
 
Report of result of meetings of creditors and contributories under section 464
 
Notice to Creditors and Contributories
 
Advertisement of notice to creditors to prove their claim
 
Notice to creditor to prove his debt
 
Voluntary winding-up. Notice to creditor to prove his debt
 
Affidavit of proof of debt
 
Proof of debt of workmen
 
Notice to a creditor to attend the investigation or produce further evidence
 
Notice of rejection of proof of debt
 
Notice of admission of proof
 
Certified list of proofs tendered to and admitted or rejected by, the Official Liquidator
 
List of debts and claims against the company
 
Summons for settlement of the list of creditors
 
Notice to creditors to come in and prove
 
Certificate as to settlement of the list of debts and claims
 
Provisional list of Contributories
 
Notice to contributory of date fixed to settle list of Contributories
 
Affidavit as to the posting of notices fixing a date for the settlement of the list of contributories
 
Certificate of final settlement of the list of Contributories
 
Notice to contributory of final settlement of list of Contributories and that his name is included
 
Affidavit of service of notice on contributory
 
Certificate of settlement of a supplemental list of contributories
 
Order varying list of Contributories
 
Order rectifying Register, list of contributories and certificate
 
Notice to contributories of settlement of list of contributories by the Court
 
List of contributories as settled by Court
 
Notice of meetings of creditors and Contributories under section 464 Notice is hereby given that
 
Notice of creditors' meeting under section 464(1)
 
Notice of Contributories' meeting under section 464(2)
 
Notice of meeting (General Form)
 
Notice of meeting (General Form)
 
Notice to officers of company to attend meeting of creditors or Contributories
 
Affidavit as to the posting of notices of meeting
 
Nomination of Chairman by Official Liquidator
 
List of creditors (or Contributories) present at a meeting
 
Report of result of meeting(s) of creditors/contributories held under order of Court dated
 
Form of general proxy
 
Form of special proxy
 
Notice by Official Liquidator requiring payment of money or delivery of property, books, etc., to the Official Liquidator
 
Official Liquidator — Applicant Summons for leave to make a call
 
Affidavit in support of application for leave to make a call
 
Advertisement of application for leave to make a call
 
Order giving leave to make a call
 
Document making a call
 
Notice to be served with the order sanctioning call
 
Official Liquidator — Applicant Summons to enforce call
 
Official Liquidator — Applicant Affidavit in support of application for payment of call
 
Order for payment of call amount due from contributory
 
Official Liquidator (or as the case may be) — Applicant Summons for leave to examine person(s) under section 477
 
Order for private examination under section 477
 
Official Liquidator — Applicant. Summons to witness for examination under section 477
 
Order directing public examination
 
Notice of public examination
 
Notice to attend public examination
 
Report to the Court where person examined refuses to answer to satisfaction of the officer of Court
 
Warrant against person who fails to attend examination
 
Warrant of committal
 
Order to liberate prisoner on his finding bail
 
Requisition to Court in whose jurisdiction a person against whom a warrant of arrest has been issued is believed to be
 
Summons under section 542(1)
 
Summons under section 543(1)
 
Points of claim under section 542(1)
 
Points of claims under section 543(1)
 
Notice to Liquidator to elect whether he will disclaim
 
Notice by Liquidator of intention to apply to Court for leave to disclaim
 
(Official) Liquidator of the said Company — Applicant Summons for extension of time for giving notice of intention to apply for leave to disclaim
 
Order extending time for disclaimer Upon the application of, etc.
 
Notice of interest in property sought to be disclaimed The (Official) Liquidator, etc.
 
(Official) Liquidator of the said Company — Applicant Summons for leave to disclaim
 
(Official) Liquidator of the said Company — Applicant Affidavit in support of summons for leave to disclaim a lease
 
Notice to parties interested in the property in respect of which the application to disclaim is made
 
Order giving leave to disclaim
 
Disclaimer of lease
 
Notice of disclaimer of lease
 
Order requiring parties interested in disclaimed lease to apply for vesting order or to be excluded from all interest in the leasehold premises
 
Order vesting lease and excluding persons who have not elected
 
Advertisement as to declaration of dividend
 
Notice of dividend
 
Authority to Official Liquidator to pay dividend to another person
 
Schedule of contributories to whom return is to be paid
 
Notice of return to contributories
 
Register of Liquidations
 
Central Cash Book (Cash Book of the Official Liquidator)
 
Company's Cash Book
 
General Ledger
 
Cashier's Cash Book
 
Bank Ledger (Official Liquidator's account with the Reserve Bank of India)
 
Register of Assets
 
Securities and Investment Register
 
Register of Book-Debts and Outstandings (Debtors's Ledger)
 
Tenants Ledger
 
Suits Register
 
Decree Register
 
Sales Register
 
Register of claims and dividends
 
Contributories' Ledger
 
Dividends Paid Register
 
Commission Register
 
Suspense Register
 
Documents Register
 
Books Register
 
Register of Unclaimed Dividends and Undistributed Assets Deposited into the Companies Liquidation Account in the Reserve Bank of India by the Official Liquidator
 
Form of Receipt
 
Instructions regarding the preparation of the statement of account
 
Affidavit verifying account
 
Official Liquidator's Final Account
 
Requisition for audit of account
 
Annual Statement to be filed by the Official Liquidator under section 551
 
Member's Voluntary Winding-up Declaration of solvency embodying a statement of assets and liabilities pursuant to section 488
 
Form of statement of assets and liabilities
 
Members' (or Creditors') Voluntary Winding-up Notice of appointment of liquidator pursuant to section 516
 
Members' (or Creditors') Voluntary Winding-up Notice of appointment of liquidator pursuant to section 516
 
Instructions regarding the preparation of the statement of account
 
Affidavit verifying account
 
Notices convening final meeting
 
Liquidator's statement of account of the winding-up (Members'/Creditors' voluntary winding-up)
 
Members' Voluntary Winding-up Return of Final Winding-up Meeting
 
Creditors' Voluntary Winding-up Return of the final winding-up meetings of members and creditors
 
Statement of unclaimed dividends or undistributed assets paid under section 555(1) and (2), into the Companies Liquidation Account in the Reserve Bank of India [to be furnished under section 555(3)]
 
Request to deliver bill
 
 
 
 
what is new what is new




© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.