Dipakkumar J Shah (Retired) 16 April 2009
I have gone through the Companies Act, Section 10 for Jurisdiction of courts. I do not find for any correct Jurisdcition of Court for challenging section 205 of The Companies Act,1956 , illegality / dividend paid our of capital by one company. How can be challenged ? Before Hon. High Court as Company Petition or else? Can any body gude me in this respect. Just like this case in last 130 years never reported. world over ??
A V Vishal (Advocate) 16 April 2009
Dear Shah:
What do you mean by Capital, is it Share Capital or including Reserves and Surplus, if it is the later one, please go through this link:https://mca.gov.in/MinistryWebsite/dca/actsbills/rules/CDoDooRR1975.pdf
PC Agrawal (PCS) 16 June 2009
You have to approach civil court having jurisdiction over the registered office of the company. Company court u/s 10 can be approached only in respect of those cases which are specifically mentioned in the Companies Act.
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