Chapter 28 - Corporate Law Reporter

Section 446 of Companies Act, 2013 – Application of fines

SECTION 446. APPLICATION OF FINES [Effective from 12th September, 2013] The court imposing any fine under this Act may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings, or in or towards the payment of a reward to the person on whose information… Read More

Section 445 of Companies Act, 2013 – Compensation for accusation without reasonable cause

SECTION 445. COMPENSATION FOR ACCUSATION WITHOUT REASONABLE CAUSE [Effective from 12th September, 2013] The provisions of section 250 of the *Code of Criminal Procedure, 1973 (2 of 1974) shall apply mutatis mutandis to compensation for accusation without reasonable cause before the Special Court or the Court of Session. Read More

Section 444 of Companies Act, 2013 – Appeal against acquittal

SECTION 444. APPEAL AGAINST ACQUITTAL [Effective from 12th September, 2013] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government may, in any case arising under this Act, direct any company prosecutor or authorise any other person either by name or by virtue of his office, to present an… Read More

Section 443 of Companies Act, 2013 – Power of Central Government to appoint company prosecutors

SECTION 443. POWER OF CENTRAL GOVERNMENT TO APPOINT COMPANY PROSECUTORS [Effective from 12th September, 2013] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government may appoint generally, or for any case, or in any case, or for any specified class of cases in any local area, one… Read More

Section 442 of Companies Act, 2013 – Mediation and conciliation penal

SECTION 442. MEDIATION AND CONCILIATION PANEL [Effective from 1st April, 2014] (1) The [1] [Central Government] shall maintain a panel of experts to be called as the Mediation and Conciliation Panel consisting of such number of experts having such qualifications as may be prescribed for mediation between the parties during the pendency of any proceedings before… Read More

Section 441 of Companies Act, 2013 – Compounding of certain offences

SECTION 441. COMPOUNDING OF CERTAIN OFFENCES [Effective from 1st June 2016] (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act (whether committed by a company or any officer thereof) [not being an offence punishable with imprisonment only, or punishable with imprisonment and also with… Read More

Section 440 of Companies Act, 2013 – Transitional provisions

SECTION 440. TRANSITIONAL PROVISIONS [1][Effective from 18th May 2016] Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a [2] [Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be]… Read More

Section 439 of Companies Act, 2013 – Offences to be non-cognizable

SECTION 439. OFFENCES TO BE NON-COGNIZABLE [Effective from 12th September, 2013] (1) Notwithstanding anything in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act except the offences referred to in sub-section (6) of section 212 shall be deemed to be non-cognizable within the meaning of the said Code. (2) No… Read More

Section 438 of Companies Act, 2013 – Application of code to Proceedings before Special Court

SECTION 438. APPLICATION OF CODE TO PROCEEDINGS BEFORE SPECIAL COURT [1][Effective from 18th May 2016] Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall… Read More

Section 437 of Companies Act, 2013 – Appeal and revision

SECTION 437. APPEAL AND REVISION [1][Effective from 18th May 2016] The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the… Read More

Section 436 of Companies Act, 2013 – Offences triable by Special Courts

SECTION 436. OFFENCES TRIABLE BY SPECIAL COURTS [1][Effective from 18th May 2016] (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) [[2]all offences specified under sub-section (1) of section 435 ] shall be triable only by the Special Court established for the area in which the registered office of… Read More

Section 435 of Companies Act, 2013 – Establishment of Special Courts

SECTION 435. ESTABLISHMENT OF SPECIAL COURTS [1][Effective from 18th May 2016] [2] [435. (1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary. (2) A Special Court shall consist of— (a) a single judge holding… Read More