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Is it correct to interpret section 399 of Companies Act, 195
(b) for ascertaining any information which, in the opinion of the Bench,Workers Compensation,polo ralph lauren pas cher, is necessary for the purpose of enabling it to pass orders on the petition."

"The object of prescribing a qualifying percentage of shares in petitioners and their supporters to file petitions under Sections 397 and 398 is clearly to ensure that frivolous litigation is not indulged in by persons who have no real stake in the company. However it is of interest that the English Companies Act contains no such limitation. What is required in these matters is a broad commonsense approach. If the Court is satisfied that the petitioners represent a body of shareholders holding the requisite percentage, it can assume that the involvement of the company in litigation is not lightly done and that it should pass orders to bring to an end to the matters complained of and not reject it on a technical requirement Substance must take precedence over form. Of course, there are some rules which are vital and go to the root of the matter which cannot be broken. There are others where non-compliance may be condoned or dispensed with. In the latter case, the rule is merely directory provided there is substantial compliance with the rules read as a whole and no prejudice is caused."

In my opinion,ralph lauren destockage, it may not be correct to entertain the issue of maintainability relying on section 399 if the Company or the majority is silent on the issue of maintainability initially. If there is a dispute from the beginning as to the maintainability of the Company Petition, then, such plea can be entertained at the final stage as required. In a proceeding under section 397/398 of the Companies Act, 1956 can not be equaled with other civil proceeding and the remedy provided is extraordinary and with great object dealing with the corporate world.

I would like extract the references in a judgment of Hon'ble Supreme Court on the issue of technical deficiencies in filing the Petition and on the issue of interpretation of section 399 of Companies Act, 1956 and those references are as follows:

(a) for the purpose of satisfying itself as to the truth of the allegations made in the petition; or

There are many complicated issues in a proceeding under secti8on 397/398 of the Companies Act, 1956. In order to approach the Company Law Board under section 397/398 of the Companies Act, 1956, the Petitioners should qualify under section 399 of the Act. There is a procedural requirement to present the petition under section 397/398 like filing the proof of holding/membership and filing the consent showing that the Petitioners representing the Company have the consent of other Petitioners. There are many precedents on the issue of consent too. While there can be serious objection as to the maintainability of a Company Petition under section 397/398 of the Companies Act, 1956 when the Petitioners are not qualified under section 399,bonnet ralph lauren homme, section 399 is also sought to be relied on technically and substance is ignored at times. The important issues under section 399 of the Companies Act, 1956 are as follows:

2. The Company or the majority can raise the issue of maintainability of the Petition under section 399 in the middle of the proceeding or at the final stage:

24. Power of the Bench to call for further information / evidence: The Bench may, before passing orders on the petition, require the parties or any one or more of them, to produce such further documentary or other evidence as the Bench may consider necessary:-

On the issue of interpretation:

Note: the views expressed are my personal and I am aware of various other complicated issues in the proceeding as referred to.

"Given these powers in the CLB, we cannot hold that non-compliance with one of requirements in Sri No. 27 in App. III of Reg. 18 goes to the very root of the jurisdiction of the CLB to entertain and dispose of a petition under Sections 397, 398. All that regulation 18 requires by way of filing of documents,doudoune femme ralph lauren, is proof that the consent of the supporting shareholders had in fact been obtained prior to the filing of the petition in terms of Section 399(3). It cannot be gainsaid that it is open to the persons opposing the application under Sections 397 and 398 to question the correctness of an assertion as to consent made by the petitioner. It is equally open to the petitioner to provide evidence in support of the plea taken in the petition. If of-course the objection to the maintainability is taken by way of demurrer, the CLB can decide the issue on the basis of the averments contained in the petition alone,polo ralph lauren discount, accepting the pleas therein as correct. But where the CLB takes into consideration facts outside the petition as it has done in this case, it cannot foreclose the petitioner from supporting its case in the petition on the basis of evidence not annexed thereto. Since the CLB calculated the total shareholding of the company including preference shares based on the allegations contained in the respondent No.8's application, it was for the CLB to determine the issue of actual prior consent on evidence. This view finds support from Reg. 24 which says:

When the maintainability of the Company Petition under section 397/398 is questioned relying on section 399 at the initial stage itself, then, the Company Law Board can look into the issue and determine maintainability. If certain facts like holding and membership is disputed by the two groups,chemise homme ralph lauren, then, the Company Law Board can entertain the Petition provided other requirements are fulfilled and the issue of maintainability can be decided finally.

It is a technical objection and it should be entertained so carefully keeping in view of the object of the provisions and other relevant facts into consideration. When Petitioners are substantially before the Board despite the death of few petitioners, the Company Law Board can proceed with determining the Company Petition. Contrary to that,www.google.com, when the substantial number of Petitioners are died and the legal representatives do not show any interest in continuing the proceeding against the Company or the majority, then,parfum ralph lauren homme, the Petition can definitely be dismissed. A straight principle in this regard can not be laid and it depends upon the facts and circumstances of each and every case.

It is known that section 397/398 of Companies Act, 1956 substantially provide relief to the minority shareholders/shareholders against the oppression/mismanagement by the Company or the Majority Shareholders in the Company. Though it is not clear and can not be clear unless the law is suitably amended as to the nature of the powers exercised by the Company Law Board, it can be easily ascertained that the powers of the Company Law Board under section 397/398 of the Companies Act, 1956 are preventive in nature substantially. Many shareholders feel that the Company Law Board is to be provided with elaborate powers to deal with all issues when the disputes arise between two groups in the Company or among the shareholders. When the position as to the powers of Company Law Board is not clear,Municipal Health Bureau, deputy director of the petitioners and recrimination said patience limited,polo ralph lauren femme pas cher, then, at times,The Availability of Nuvaring Information on Stroke, the shareholders approaching the Company Law Board may suffer irreparable damage and they have to approach different forums seeking different relief aimed at preventing the oppression and mismanagement by the majority in the Company.

1. The Company or the majority can object to the maintainability of the Company Petition at the initial stage on the ground that the Petitioners are not qualified under section 399:

3. As a proceeding under section 397/398 tend to be pending for a considerable time in view of various complications and when few of the Petitioners have died during the proceeding, the issue of consent from the legal representatives becomes debatable:

Despite the feeling in many petitioners under section 397/398 of the Companies Act, 1956 that the remedy provided is not effective, the shareholders are left with no option except to approach the Company Law Board seeking preventive measures and when the Company is a going concern. When the Company is a going concern, it is not easy for the minority group to straight away ask for winding-up of the Company and even if the Company Court is approached seeking winding-up of a going concern on ‘just and equitable' ground, the Company Court may advice the petitioners to avail the alternative remedy provided under section 397/398 of the Companies Act, 1956.

Supreme Court of India  in J.P. Srivastava &amp; Sons Pvt. Ltd. &amp; Others Vs. M/s. Gwalior Sugar Co. Ltd. &amp; Others (2004 (9) Scale 60 : 2005 AIR(SC) 83 : 2004 (9) JT 507 : 2005 (1) SCC 172 : 2004 (7) Supreme 794, 2004 (122) CC 696)

The Removal Of Fire Extinguishers As A Safety Measure
Most people would like to think themselves aware of fire safety risks in the home and workplace. However,bonnet ralph lauren homme, sufficient training to cope with fire is practically non-existent within the general public. While we all like to think we would know what to do in the event of fire,www.google.com, it is only professionals who have had extensive training to recognise the types of fire and risks associated,polo ralph lauren pas cher, that are equipped to battle the inferno. The issue of insufficient training amongst the general public has come to the fore in the last month with the news that in blocks of flats in Britain,boutique ralph lauren, fire extinguishers are actually being removed as a fire safety risk. The two blocks in question lay on the South Coast,gilet ralph lauren homme, and the move by the local council to remove the extinguishers has caused somewhat of a furore. The crux of the issue is that it is only the fire service that has had enough training to tackle fire,veste ralph lauren homme, whilst a ham-fisted effort can sometimes make the situation worse. Many people will reach for the distinctive red extinguishers as soon as a blaze breaks out believing that it will give the professionals that helping hand and a few precious minutes before they arrive. What is apparent however is that without the sufficient training to ensure there own safety,polo ralph lauren femme pas cher, residents are in fact putting themselves in danger. Residents should head straight for the exits rather than grabbing the fire extinguisher,solde ralph lauren homme,Number of I Particulars of supply of the staff and, without effective training it is their own safety that is jeopardised. The local fire service has backed the removal of the extinguishers from the communal areas in the residential blocks. Residents were informed by post that the action would be carried out unless all of the residents underwent a safety training programme dealing with fire and the use of extinguishers. For the council there is no legal requirement for them to install extinguishers in these areas,Man holding a kitchen knife robbing a bank XingJu,chemise homme ralph lauren, not without a sufficient number of people with training. This move will become an increasingly common safety procedure as risk assessments (now a legislative requirement) are carried out countrywide. If an assessment finds that there are no safety concerns or added risks with the removal of extinguishers the move can go ahead. Fundamentally it is about discouraging people from running out into the hallway and returning to their flat to tackle a blaze,veste ralph lauren pas cher, a far preferable outcome is to get out safely. Naturally this fire safety move will not be applicable to all residencies,Polo Ralph Pas cher,Fashion Jewelry Trends 2009-2010, some will have people with effective training and others will not be conducive to the removal of extinguishers. Modern design regulations ensure that all escape routes are fire proof anyway,Ralph Lauren Homme, so guaranteeing the safety of residents is possible without having to fill the hallways with fire extinguishers. Ultimately it is down to the findings and safety recommendations of the assessor. Residents however have been sceptical of the move. Their main argument is how this move can be deemed as a safety measure? One particular resident stated that if you were stuck in a burning building you will figure out how to operate an extinguisher regardless of whether you have had any training. Officials may be worried that residents will not use the extinguishers correctly or use the right type for the fire,doudoune sans manche ralph lauren, but as a life saving measure they are certainly useful. Many of these blocks of flats are extremely tall making the job difficult for the fire service to utilise their equipment; meaning that fire extinguishers are a useful resource. The risk assessment however should be able to pick up on any of these issues. Naturally residents are going to be somewhat miffed by the removal of the extinguishers; for many it is a comfort knowing there is an extinguisher outside. But if the plan has the backing of the fire service; the professionals who have had the correct training,chemise ralph lauren homme, it is not for members of the public to criticise the move.

Interactive Marketing Agencies are the Answer
You can't get away from the Internet these days. Everyone is online,polo ralph lauren pas cher, and, if you want your marketing campaigns to hit your target audience, odds are you're going to have to go online as well. This is where interactive marketing agencies come in. "Interactive marketing agencies" are simply agencies that have the capability and the knowledge to make the most of your online marketing campaigns. People turn to the Internet to find the answers to everything. Picking the right interactive marketing agency for whatever campaign you're launching-whether it be political marketing,Does Your Work Environment Require Safety Glasses,doudoune sans manche ralph lauren, sports marketing, or identity formation-involves looking for an agency that understands search engine optimization. What is search engine optimization,ralph lauren destockage, and how do interactive marketing agencies use search engine optimization (SEO) to shape your marketing campaign and get you noticed? Let's look at sports marketing companies. If someone has a question about tickets for a sporting event or sporting events coming up in an area they're visiting,Polo Ralph Pas cher, where are they going to turn? The Internet. They open a browser window and go straight to a search engine, typing in a keyword,Bolton Get Greyhound Racing Back, hoping that keyword will find them the information they're looking for. An interactive sports marketing company will know how to shape your marketing campaign so that your sporting event comes up in the search engine top 10, a coveted place to be. When you're at the top of the search engine results pages, your marketing agency has just garnered you an extra wave of traffic-and attention. People also take their political questions to Internet search engines,polo ralph lauren femme pas cher, and political marketing is going to require serious search engine optimization. An interactive marketing agency will want to put your political marketing campaign where everyone will see it -and keep negative campaigning out of site on the search engine results pages. Interactive marketing agencies know how to knock negative political marketing out of the results pages by putting positive spin at the top. Interactive marketing has taken the place of the traditional advertising agency. Everything about your web presence is a marketing strategy,soldes polo ralph lauren, from your web page design to the placement of banner ads. Articles that appear on your website may be free and informative for your visitors,doudoune ralph lauren homme, but they're also there to paint a certain picture of your company,boutique ralph lauren, political campaign,How to Access Court Records, or sports franchise. You want to find an interactive marketing agency that has the tools to optimize your content so that it markets to your target customer and increases that web presence. It's not just about billboards anymore-it's about billboards on the side of the information superhighway.

Woman drunk driving crash, said the grapes caused by body a
the first to be examined,chemise ralph lauren homme, the Wang the face of the test results are still denied to drink driving, arguing that because at lunch to eat a lot of grapes,gilet ralph lauren homme, so the only alcohol. 

police Wang will be taken to the hospital blood samples were drawn by the blood alcohol content testing shows that Wang blood alcohol content 144.8mg/100ml suspected of drunk driving a motor vehicle. 

drunk driving crash hit abuse

It is understood that in Hefei, handling drunk driving cases, the general is to take bail. According to police reports released on bail a criminal compulsory measures. When drunk driving, the parties are unwilling to accept bail in this way, must be in accordance with the law under criminal detention. 

July 18, police Wang criminal detention. It is understood that Hefei,www.google.com, the first causes of drunk driving cases disposed of under criminal detention, Wang also became the first person of the Hefei due to drunk driving XingJu. 

Yaohai traffic police brigade,Network REIT exposes insider full-time to render the atmosphere of rising house,grossiste ralph lauren, a police said,doudoune sans manche ralph lauren, did not dare to drunk driving.

drunken driving

Wang found that the police arrived at the scene immediately after the drive ready to flee the accident site,Polo Ralph Pas cher, police patrol control to stop the special police rushed reinforcements. Then, Wang abandoned the vehicle and escape by the police to intercept. In the process of inquiry and control, Wang pole not work with verbal attacks, pushing the SWAT police officers and 

final,doudoune femme ralph lauren, Wang, confronted with the evidence, or admit the fact that a few bottles of beer in the car before drinking. 

into a drunk driving Detention

July 13 1:30 p.m. Xu, Yaohai traffic police brigade received a report that occurred in Tongling Road Linquan Road junction north traffic accidents, the car of a the Anhui A6Q003 grades and Anhui AH1573 grades van collide. 

with others driving the car after the accident, the other party to the accident, the 34-year-old Northeast woman Wang unprovoked verbal abuse, beatings, shoving and words also come to the disposal of the special police attacks. July 18,chemise homme ralph lauren, Wang drunken driving, police sentenced to criminal detention, she has thus become the the Hefei drunk driving XingJu the first person to. It is understood that currently more than 50 people in Hefei,polo ralph lauren femme pas cher, drunk driving, public security departments transferred to prosecutors to prosecute. 

alcohol odor is a result of eating grapes denied that it was drunk driving. 

initial investigations, Wang driving of Anhui A6Q003 brands of cars traveling along the the Tongling route south to north to Tongling Road and Station Road junction about 100 meters south, and Zhang, driving the van collide. 

the accident, Wang Zhang unprovoked verbal abuse, beatings. Zhang immediately reported to the police,8 Benefits Of Helping An Online Business Newbie, at this time, special police, 213 vehicle patrols through here when the dispute on the spot in time to stop. 

According to the police to identify Wang is self-employed,Problems In A Car's Braking System, at noon that day, she and a few friends together to eat, drink some wine. Subsequently, she drove home with a few friends. A car accident on the road, Wang quarrel. According to Wang said, she knows that drunk driving in a criminal matter, but there are chances. 

According to police reports, Wang refused to apply for bail, refused to find a guarantor and pay the security deposit, the police must take the criminal detention. 

Later, Wang was taken to the disposal of the district police station. At the police station, Wang yelling, smashed a vase in the police station. Wang systemic alcohol, the police station informed the traffic police to come to dispose of. 