CMA. CS. Sanjay Gupta
("PROUD TO BE AN INDIAN")
(114220 Points)
Replied 26 January 2012
Originally posted by : Neha Jain | ||
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NICE ONE AGAIN FROM YOUR BAG.... |
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Relieved that no mistakes this time around..
Hardik Dave
(IPCC and CS Professional(FINAL) Student)
(15533 Points)
Replied 26 January 2012
CS RAJESH C.CHOUDHARY
(ASSISTANT MANAGER)
(14607 Points)
Replied 26 January 2012
very useful information sir...
thanks for sharing with us...
keep sharing.
Sanket
(!..Live to Give..!)
(16427 Points)
Replied 27 January 2012
In the end the following conclusions can be drawn from the above
1. As per order 6 Rule 14 of CPC, pleadings can be signed by a Director, Secretary and principal officer in the case of a company even if no resolution is passed by the company.
2. A conjoint reading of the order 6 Rule 14 and Order 29 Rule 1 reveals that suits by or against a Corporation can be filed by a Director or Secretary or Principal officer .
3. If the articles of association restricts filing of suits only by Managing Director or Secretary, then the board of Directors can not authorize any other person as it amounts restricts on the General powers of the Board. In other words, in the absence such restriction, board u/s 291 (Genereal powers ) can authorize any officer other than Director or secretary to file suits or defend legal proceedings
4. Since Director and Secretary are defined as officers under Section 2(30 ) of the Companies Act,, no power of attorney or board resolution is required. However if it is any person other than director/secretary, he has to be authorized by a resolution of the board or by a Power of attorney under valid resolution of the Board of directors, provided the Articles do not contain any restriction.
5. Even if the officer signing the plaint /suit is not authorized at the time of institution of Suit, the defect can be removed by ratification of the Board by its subsequent resolution. In suits, this objection as to authority has to be raised.
6. On technical grounds writs/suits should not be dismissed denying justice. Supreme court has held in United bank of India Vs Sh Naresh Kumar & Ors that there is sufficient power in the Courts, under the Code of Civil Procedure, to ensure that injustice is not done to any party who has a just case. As far as possible a substantive right should not be allowed to be defeated on account of a procedural irregularity which is curable. Hence court should give an opportunity to cure the defect .i,e ratification.
Sorry for late reply.........
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 27 January 2012
Sanjay ji...
Very nice post... You have collected everything on the topic, post it at a single place and made the post very informative and useful..
Angsuman Bora
(Final Student/ CWA)
(105 Points)
Replied 28 January 2012
Thank u Sirji for sharing the aricle
Misha
(CCI STUDENT.....)
(773 Points)
Replied 30 January 2012
BOOKMARKED...!!!!
Thanks for Sharing Sir.....
Sourav Banerjee MA,MSW
(Shabda Bramha)
(8842 Points)
Replied 01 February 2012
"Relieved..." Thank God. I've got time to read it slowly, Dear Sanjay Ji.
CMA. CS. Sanjay Gupta
("PROUD TO BE AN INDIAN")
(114220 Points)
Replied 01 February 2012
Thank you all for your comments.
@ Sourav Da....Relieved....Could understand this reply (Joke ) of yours...Else, everything seems to go over my head...
Venkateswara Rao Sapare
(Accountant)
(1500 Points)
Replied 28 October 2012
To
CMA. CS. Sanjay Gupta
Dear Sir,
Please refer your article “Officer in Default – An Overview”, nine months ago, posted on CACLUBINDIA.
It was really inspiring article, nine months ago., as I was reading.
It is absolutely inspiring article, even today, when I read.
The Appreciations are genuine:
-----------------
“Relieved..." Thank God. I've got time to read it slowly, Dear Sanjay Ji. " Sanjay Ji, you are wonderful in writing your articles...." Haven't you heard this before, from one of your friend-cum-brothers? Pay heed to what Neha has said and seriously think about becoming an author. Once you decide, we'll look for a Publisher. :) [ This is just a parting smile, otherwise I'm serious.]”
Opined by Sourav Banerjee MA,MSW Shabda Bramha
------------------
“THANKS A LOT SANJAY JI FOR THIS USEFUL INFORMATION !!! INDEED IT WAS QUITE REFRESHING !!!”
By
Ankur Garg Company Secretary and Compliance Officer
“Very nice post... You have collected everything on the topic, post it at a single place and made the post very informative and useful..”
By
CS Ankur Srivastava Company Secretary & Compliance Officer
I am inspired by your authority on this section 5 of the Companies Act, 1956.
It is really comCS Ankur Srivastava Company Secretary & Compliance Officer
I appreciate the completeness of the Article.
Hereby, I tried to put my sincere effort in understading the very section 5, ‘Meaning of ‘Officer who is in default’, the Companies Act, 1956.
When you find time, please watch this VIDEO.
I request you to guide how to improve myself in providing such information through VIDEOs.
The Companies Act,1956. Sec 5 Meaning of "officer who is in default ... |
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www.youtube.com/watch?v=JJW...Share
NEW1 hour ago - 56 minSec 5 Meaning of "officer who is in default". Venkateswara Rao Sapare. Subscribe Subscribed Unsubscribe ... |
https://www.youtube.com/watch?v=JJW-FN81AzE
Thanking you, Sir.
Venkateswara Rao Sapare
28.10.2012
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