Company law- plz help

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                                i.            A company for the financial year 2008-09, declared the dividend on 19th Sept, 2009 and failed to distribute the same within the prescribed period. A non-executive director, who was resigned on July, 2009 was also implicated in court of law along with the company and other directors. The question is whether a resigned non-executive director can be vicariously liable for the failure on the part of company to declare dividend?

                              ii.            A house is allotted to managerial director (MD) of the company. After the death of the MD, the house was occupied by legal heirs. The company demanded the house from legal heirs of MD. Whether the company will be successful?

                            iii.            A registered office was shifted from one state to another. A  labour litigation was pending before the court. So, the employees object to transfer. Whether the objection of the employees is sustainable?

                             iv.            A director of the company along with another director were prosecuted under section 220 for their failure to file return, annual accounts and audited balancesheet required to be laid before the annual general meeting. The question is whether any failure to file such documents would constitute a continuing offence.Whether the period of limitation applicable in this case?             

 

Replies (1)

In my opinion ans. for 2nd & 3rd should be -

 

2.  Yes company will be successful (refer Sec. 630)

 

3. Not sustainable (refer sec 17 & KWALITY ICE CREAMS (INDIA) P. LTD., In re. [(2009)148 COMP CAS 631 (CLB)]

 

IF there is any mistake then do point out, Not sure about rest 2, will try to find...


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