Section 245 of the Companies Act, 2013 (Class Action Suits) and Sectio…

Question

Section 245 of the Companies Act, 2013 (Class Action Suits) and Section 241 (Oppression and Mismanagement) feed into a contempt power expressly conferred by:

Accepted Answer

A. {'text': 'Section 246 of the Companies Act, 2013, which empowers the NCLT to punish for fraudulent applications made under Sections 241 and 245', 'label': 'A'}

1. Lesson 12's powers table for Chapter XVI includes Section 246, Companies Act, 2013.
2. The entry: "**To punish for the contempt of the Tribunal in cases where a fraudulent application is made u/s 241** (Oppression and Mismanagement) and **245** (Class Action Suits). This power shall apply for Sections 337 to 341."
3. The provision deters frivolous oppression and class action filings.
4. Sections 339, 248 and 270 deal with separate subjects (fraudulent conduct of business, striking off the name, winding up).
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 12 (Special Courts, Tribunal under Companies Act and other Legislations), pp. 273-283._

Answer

{'text': 'Section 339 of the Companies Act, 2013, which deals with the fraudulent conduct of business and the resulting personal liability of the directors or managers of the company', 'label': 'B'}

Answer

{'text': 'Section 248 of the Companies Act, 2013, which deals with the striking off of the name of the company from the Register of Companies maintained by the Registrar of Companies', 'label': 'C'}

Answer

{'text': 'Section 270 of the Companies Act, 2013, which deals with the modes of winding up of the company by the NCLT under any law in force in any State of India', 'label': 'D'}