Companies (Court) Rules, 1959


Section
Section Title
  INTRODUCTION
  1. Short title and commencement
  2. Interpretation
  3. Proceedings to be neat and legible
  4. Form of proceedings
  5. Language of proceedings
  6. Practice and procedure of the Court and provisions of the Code to apply
  7. Power of Court to enlarge or abridge time
  8. Computation of time
  9. Inherent powers of Court
  10. Applications how made
  11. .-
  12. Matters to be heard in open Court and in Chambers
  13. Registers to be kept
  14. Serial number of proceedings
  15. Process to be sealed
  16. Inspection and copies of proceedings
  17. Forms
  18. Affidavits
  19. Form of Judge's summons and service thereof
  20. Issue of summons
  21. Affidavit verifying petition
  22. Enclosures to petition
  23. Summons for directions
  24. Advertisement of petition
  25. Contents of advertisement
  26. Service of petition
  27. Notice of petition and time of service
  28. Service on company
  29. Petitioner to effect service
  30. Affidavit of service
  31. Procedure on default of compliance as regards advertisement and service of notice
  32. Mode of service and service when deemed to be effected
  33. Validity of service and of proceedings
  34. Notice to be given by persons intending to appear at the hearing of petition
  35. List of persons, intending to appear, to be filed
  36. Procedure at hearing of petition
  37. Order to be drawn up
  38. Form of petition under section 17 and Summons for directions
  39. Directions at hearing of summons
  40. Notice to Registrar of Companies and Central Government
  41. Procedure where creditors are entitled to object
  42. Order confirming alteration
  43. Petition under section 579
  44. Petition for sanctioning the issue of shares at a discount
  45. Order sanctioning issue to be delivered to Registrar of Companies
  46. Form of petition for reduction of share capital and summons for directions
  47. Procedure on hearing of summons
  48. Directions at the hearing of summons
  49. List of creditors
  50. Affidavit verifying list of creditors
  51. Inspection of list of creditors
  52. Notice to creditors
  53. Advertisement of petition and list of creditors
  54. Affidavit of service
  55. Affidavit by company as to the result of rules 52 and 53
  56. Procedure where claim is not admitted, and proof of debt
  57. Costs of proof
  58. Certificate by the Judge as to creditors
  59. Hearing of petition
  60. Who may appear and oppose
  61. Directions at hearing
  62. Order on petition
  63. Minute
  64. Advertisement of reasons for reduction of capital
  65. Form of minute and notice of registration
  66. Petition to cancel variation of rights
  67. Summons for directions to convene a meeting
  68. Service on company
  69. Directions at hearing of summons
  70. Proxies
  71. Application for stay
  72. Application to vacate or vary order of stay
  73. Notice of meeting
  74. Advertisement of the notice of meeting
  75. Copy of compromise or arrangement to be furnished by the company
  76. Affidavit of service
  77. Result of the meeting to be decided by poll
  78. Report of the result of the meeting
  79. Petition for confirming compromise or arrangement
  80. Date and notice of hearing
  81. Order on petition
  82. Application for directions under section 394
  83. Directions at hearing of applications
  84. Order under section 394
  85. Compromise or arrangement involving reduction of capital
  86. Report on working of compromise or arrangement
  87. Liberty to apply
  88. Petition under section 397 or 398
  89. Notice to Central Government
  90. Order involving reduction of capital or alteration of memorandum
  91. Application under section 407(1)(b) for leave to act as managing director, etc
  92. Notice to Registrar of Companies
  93. Delivery of order and advertisement thereof
  94. Registrar's costs of petition
  95. Petition for winding-up
  96. Admission of petition and directions as to advertisement
  97. Petition by a contingent or prospective creditor
  98. Copy of petition to be furnished
  99. Advertisement of petition
  100. Application for leave to withdraw petition
  101. Substitution of creditor or contributory for original petitioner
  102. Procedure on substitution
  103. Affidavit in opposition
  104. Affidavit in reply
  105. Stay of suit or proceeding pending petition
  106. Appointment of Provisional Liquidator
  107. Rules applicable to Provisional Liquidator
  108. Costs, etc
  109. Notice to Official Liquidator of order
  110. Contents of winding-up order and order appointing Provisional Liquidator
  111. Order to he sent to Official Liquidator and form of order
  112. Directions on making the winding-up order
  113. Advertisement of the order
  114. Official Liquidator to take charge of assets and books and papers of company
  115. Form of proceedings after winding-up order is made
  116. Application for stay of winding-up proceedings
  117. Application for leave to commence or continue suit or proceeding
  118. Application for transfer of suit or proceeding
  119. Application for transfer
  120. Transmission of records upon transfer of proceeding
  121. Proceedings to be re-numbered
  122. Notice to Official Liquidator
  123. Official Liquidator of Transferee Court to be Liquidator
  124. Notice to submit statement
  125. Application by Official Liquidator under section 454(2)
  126. Preparation of statement of affairs
  127. Form of the statement
  128. Extension of time for submitting statement
  129. Expenses of preparing the statement
  130. Officers of company to attend and give information
  131. Duty of person making or concurring in statement
  132. Default in complying with section 454
  133. Dispensing with statement of affairs
  134. Liquidator in voluntary winding-up or winding-up subject to supervision, to submit statement
  135. Preliminary report by Official Liquidator
  136. Inspection of statement and preliminary report
  137. Further report by Official Liquidator
  138. Consideration of report by Court
  139. Summons for directions to be taken out by Official Liquidator
  140. First meeting of creditors and contributories
  141. Official Liquidator to report result of meeting and apply for directions
  142. Application for order not to fill vacancy in Committee
  143. Liquidator and members of the Committee dealing with company's assets
  144. Committee of Inspection not to make profit
  145. Costs of obtaining sanction of Court
  146. Order sanctioning payment to Committee
  147. Fixing a date for proving debts
  148. Notice to creditors
  149. Proof of debt
  150. Mode of proof and verification thereof
  151. Contents of proof
  152. Workmen's wages
  153. Production of bills of exchange and promissory notes
  154. Value of debts
  155. Discount
  156. Interest
  157. Periodical payments
  158. Proof of debt payable at a future time
  159. Examination of proof
  160. Official Liquidator's right to summon any person in connection with the investigation
  161. Oaths
  162. Costs of proof
  163. Acceptance or rejection of proof to be communicated
  164. Appeal by creditor
  165. Procedure where creditor appeals
  166. Official Liquidator not to be personally liable for costs
  167. Proofs and list of creditors to be filed in Court
  168. List of creditors not to be varied
  169. Notice of filing the list and inspection of the same
  170. Procedure in the District Court regarding proof of claims .- 170. Procedure in the District Court regarding proof of claims .- 171. List of proofs and summons for directions
  172. Direction at hearing of summons
  173. Notice to be given to creditors
  174. Settlement of list of creditors
  175. Inspection of the list of creditors and the proofs filed
  176. Expunging of proof
  177. Procedure on failure to prove the debt within the time fixed
  178. Right of creditor who has not proved debt before declaration of dividend
  179. Payment of subsequent interest
  180. Provisional list of contributories
  181. Notice to be given of date of settlement of list
  182. Settlement of the list
  183. Certificate of final settlement to be filed in Court
  184. Notice of settlement to contributories
  185. Supplemental list of contributories
  186. Variation of the list
  187. Application by Official Liquidator for rectification of list
  188. Application by contributory to vary the list
  189. Official Liquidator not to be personally liable for costs
  190. Settlement of the list of contributories in District Courts
  191. Notice to be given of date of settlement
  192. Settlement of the list
  193. Supplemental list of contributories
  194. Application for rectification of list
  195. List of contributories consisting of past members
  196. List of contributories under section 104(1)(b)
  197. 'Court meetings', 'Liquidator's meetings' and 'Voluntary Liquidation meetings'
  198. Application of rules to meetings
  199. Notice of meeting
  200. Place and time of meeting
  201. Notice of first or other meeting to officers of company
  202. Proof of notice
  203. Costs of calling meetings at the instance of creditor or contributory
  204. Chairman of meeting
  205. Resolution of creditors' meeting
  206. Resolution on contributories' meeting
  207. Copy of resolution to be filed
  208. Non-receipt of notice by a creditor or contributory
  209. Adjournments
  210. Quorum
  211. Procedure in the absence of quorum
  212. When creditor can vote
  213. Cases to which creditors may not vote
  214. When secured creditor can vote
  215. Effect of voting by a secured creditor
  216. Procedure when secured creditor votes without surrendering security
  217. Admission or rejection of proofs for purposes of voting
  218. Minutes of proceedings
  219. Report of Court meetings
  220. Voting by proxies
  221. Form of proxies
  222. Proxies to Liquidator or Chairman
  223. Use of proxies by deputy
  224. Forms to be sent with notice
  225. Proxies to be lodged
  226. Holder of proxy not to vote on matter in which he is financially interested
  227. Minor not to be appointed proxy
  228. Filling in proxy where creditor or contributory is blind or incapable
  229. Proxy of person not acquainted with English
  230. Attendance at proceedings
  231. Representation of creditors and contributories before Court
  232. Powers of Official Liquidator
  233. Official Liquidator to be in the position of a Receiver
  234. Company's property to be surrendered to Official Liquidator on requisition
  235. Calls by the Official Liquidator
  236. Official Liquidator to realise uncalled capital
  237. Application for leave to make call
  238. Notice of application
  239. Order granting leave to make a call and document making the call
  240. Service of notice of call
  241. Order for payment of call
  242. Other moneys due by contributories
  243. Application for examination under section 477
  244. Directions at hearing of summons
  245. Examination on commission or by interrogatories
  246. Service of the summons
  247. Conduct of the examination
  248. Notes of the deposition
  249. Order for public examination under section 478
  250. Notice of public examination
  251. Adjournment of public examination to Court
  252. Procedure for contumacy
  253. Notes of examination
  254. Shorthand notes of examination under sections 477 and 478
  255. Application under section 478(7)(a)
  256. Default in attending examination under section 477 or 478
  257. Prison to which person arrested on warrant is to be taken
  258. Execution of warrant of arrest outside ordinary jurisdiction of Court
  259. Public examination under section 519
  260. Applications under section 542 or 543
  261. Directions at preliminary hearing of summons
  262. Liberty to apply for further directions
  263. Application for disclaimer
  264. Preliminary hearing of the summons
  265. Claimant to furnish statement of his interest
  266. Service of notice
  267. Order granting leave to disclaim
  268. Disclaimer to be filed in Court
  269. Vesting of disclaimed property
  270. No claim to be compromised or abandoned without sanction of Court
  271. Application for sanction of compromise
  272. Sale to be subject to sanction and to confirmation by Court
  273. Procedure at sale
  274. Expenses of sale
  275. Declaration of dividend or return of capital
  276. Notice of declaration
  277. Form of authority to pay dividend
  278. Transmission of dividends by post
  279. Form of order directing return of capital
  281. Official Liquidator to apply for dissolution
  282. Dissolution of the company
  283. Liquidator to pay the balance into public account
  284. Conclusion of winding-up
  285. Application to declare dissolution void
  286. Registers and Books to be maintained by the Official Liquidator
  287. All moneys to be paid into the Reserve Bank
  288. Bills, cheques and securities to be deposited into Bank
  289. Payments into Bank under section 471
  290. Official Liquidator's Dividend Account
  291. Fees to be credited to Central Government
  292. Where the company has no available assets
  293. Investment of moneys
  294. Official Liquidator to examine the accounts for purposes of investment
  295. Investments to be made by the Bank
  296. Dividend and interest to be credited
  297. Refunds of Income-tax
  298. Half-yearly accounts to be filed
  299. Form of account
  300. Nill account
  301. Registrar to send copy of account to the auditor
  302. Audit of the Official Liquidator's accounts
  303. Audit certificate to be filed
  304. Audit fees
  305. Inspection of the account and certificate of audit
  306. Account and auditor's report to be placed before Judge
  307. Legal assistance for the Official Liquidator
  308. Employment of additional or special staff
  309. Apportionment of expenses of common staff
  310. Applications under sections 463(2) and 545(3)
  311. Annual Statement by the Official Liquidator under section 551
  312. Applicability of Rules
  313. Declaration of solvency in a members' voluntary winding-up
  314. Statement to be laid before meeting of creditors under section 495(1)
  315. Notice of appointment of liquidator
  316. Order for winding-up subject to supervision
  317. Security by liquidator appointed by Court
  318. Limit of remuneration of liquidator
  319. Restriction on purchase of goods by liquidator
  320. Office of liquidator vacated by his insolvency
  321. Resignation of liquidator
  322. Duty of liquidator upon resignation
  323. Books to be kept by the liquidator
  324. Banking account of the liquidator
  325. Bills, cheques and securities to be deposited in Bank
  326. Investment of surplus funds
  327. Liquidator's statements under section 551
  328. Annual statement under sections 496 (1) (b) and 508 (1) (b)
  329. Notice convening final meeting and the account to be laid before the meeting
  330. Consideration by Court of the statements under section 551 and the final account, in a winding-up subject to the supervision of the Court
  331. Returns to Registrar of Companies
  332. Inspection by creditor or contributory of statements filed by liquidator
  333. Audit of the liquidator's accounts
  334. Applications under section 518
  335. Statement to accompany payment
  336. Unclaimed dividends or undistributed assets under investment
  337. Application by person for payment of money paid into the Companies Liquidation Account
  338. Cost and expenses payable out of the assets in a winding-up by the Court
  339. Taxation of costs in Bombay, Calcutta and Madras
  340. Registrar to be Taxing Officer
  341. Costs in the discretion of the Court
  342. Costs to be taxed in accordance with the practice and procedure of the Court
  343. All proper charges to be allowed
  344. Contents of bill of costs
  345. Vouchers to be filed
  346. Time for lodging bill
  347. Bill of costs by advocate or other person employed by Official Liquidator
  348. Scale of advocates' fees
  349. Fees in misfeasance proceedings
  350. Fees when proceeding is compromised
  351. Fees to more than one advocate
  352. Costs of parties having common interest
  353. Court's power to fix a fee
  354. Reference to Judge in Chambers
  355. Allowance to witness
  356. Taxation between advocate and client
  357. Review of Taxation
  358. Appeal against Review
  359. Certificate of Taxation
  360. Inspection of file
  361. Saving of rules under Special Acts



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