What is Appeal and revision What is Application of Code to proceedings before Special Court What are Offences to be non cognizable What are Transitional provisions Section 437, 438, 439 and 440 of Indian Companies Act 2013

Appeal and revision, Application of Code to proceedings before Special Court, Offences to be non cognizable and Transitional provisions are defined under Section 437, 438, 439  and 440 of Indian Companies Act 2013. Provisions under these Sections are:

Section 437 of Indian Companies Act 2013 "Appeal and revision"

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 on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.

Section 438 of Indian Companies Act 2013 "Application of Code to proceedings before Special Court"

Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.

 

Section 439 of Indian Companies Act 2013 "Offences to be non cognizable"

(1) Notwithstanding anything in the Code of Criminal Procedure, 1973, 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 court shall take cognizance of any offence under this Act which is alleged to have been committed by any company or any officer thereof, except on the complaint in writing of the Registrar, a shareholder of the company, or of a person authorised by the Central Government in that behalf:

Provided that the court may take cognizance of offences relating to issue and transfer of securities and non-payment of dividend, on a complaint in writing, by a person authorised by the Securities and Exchange Board of India:

Provided further that nothing in this sub-section shall apply to a prosecution by a company of any of its officers.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, where the complainant under sub-section (2) is the Registrar or a person authorised by the Central Government, the presence of such officer before the Court trying the offences shall not be necessary unless the court requires his personal attendance at the trial.

(4) The provisions of sub-section (2) shall not apply to any action taken by the liquidator of a company in respect of any offence alleged to have been committed in respect of any of the matters in Chapter XX or in any other provision of this Act relating to winding up of companies.

Explanation.The liquidator of a company shall not be deemed to be an officer of the company within the meaning of sub-section (2).

Section 440 of Indian Companies Act 2013 "Transitional provisions"

Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a Court of Session exercising jurisdiction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973: Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to transfer any case or class of cases taken cognizance by a Court of Session under this section.

What is Appeal from orders of Tribunal What is Expeditious disposal by Tribunal and Appellate Tribunal Section 421 and 422 of Indian Companies Act 2013

What is Appeal to Supreme Court What is Procedure before Tribunal and Appellate Tribunal Section 423 and 424 of Indian Companies Act 2013

What is Power to punish for contempt What is delegation of powers President, Members, officers, etc., to be public servants Section 425, 426 and 427 of Indian Companies Act 2013

What is Protection of action taken in good faith What is Power to seek assistance of Chief Metropolitan Magistrate, etc What is Civil court not to have jurisdiction Section 428, 429 and 430 of Indian Companies Act 2013

What is Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings What is Right to legal representation Section 431 and 432 of Indian Companies Act 2013

What is Limitation What is Transfer of certain pending proceedings Section 433 and 434 of Indian Companies Act 2013

What is Establishment of Special Courts What re Offences triable by Special Courts Section 435 and 436 of Indian Companies Act 2013

What is Appeal and revision What is Application of Code to proceedings before Special Court What are Offences to be non cognizable What are Transitional provisions Section 437, 438, 439 and 440 of Indian Companies Act 2013

 

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