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Sunday, April 1, 2012

Company not legally barred from holding AGM beyond time limit prescribed under section 166

---------- Forwarded message ----------
From: Parthiv Mehta <parthivtmehta@gmail.com>
Date: Sat, Mar 31, 2012 at 7:06 PM
Subject: {jalgaoncas} Company not legally barred from holding AGM beyond time limit prescribed under section 166
To: jalgaoncas <jalgaoncas@googlegroups.com>, aurangabad_ca <aurangabad_ca@yahoogroups.com>, Alpesh Tanna <alpesh317@yahoo.co.in>


Penal provisions contained in section 168 of Companies Act do not say
that after expiry of time no annual general meeting can be held or its
holding would be an offence. It only says that in case of default,
company and every officer responsible for it shall be punishable with
fine which might extend to Rs. 50,000. It is reasonably free from
doubt that a company can convene an annual general meeting beyond time
but subject to payment of penalty ?" RUBY GENERAL HOSPITAL LTD. v.
SAJAL DUTTA [2012] 19 taxmann.com 330 (Calcutta)


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