Companies act, 2013

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Sheetlesh Singh (Querist)

07 January 2014 Whether the relevant case laws of Companies Act, 1956 are also applicable with the Provisions (which are same as Companies Act,1956) of Companies Act, 2013.

Nikhil Kaushik

Nikhil Kaushik (Expert)

07 January 2014 well as long as Companies Act 2013 has not overruled the corresponding provisions, thereby rendering certain judgments useless, the old case laws will apply.

So it depends on section to section..

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Ankur Garg

Ankur Garg (Expert)

08 January 2014 As per my study and understanding of both Acts, there are certain provisions in Company Law which will continue even after full applicability of Companies Act 2013.

So around 75% case laws will continue, unless specifically ruled out by MCA through a separate notification.

Rest will depend on the situation.

Thanks

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Sheetlesh Singh

Sheetlesh Singh (Querist)

09 January 2014 Thanks for your valuable suggestions ....but my question is how it can be possible for the case laws to be relevant anymore if Companies Act.2013 completely overrules all the provisions of companies Act,1956.

So will all the previous case laws which are based on provisions of Companies Act, 1956 automatically become redundant ?

Nikhil Kaushik

Nikhil Kaushik (Expert)

09 January 2014 that is what we said friend, that where the act has not overruled, in such cases old caselaws will have application...it automatically means that wherever the new act overrules the previous act, related case laws may not be relevant..

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