Section 2 – THE COMPANIES (COURT) RULES, 1959

2. Interpretation

In these Rules, unless the context or subject matter otherwise requires,-

 

(1) ‘The Act’ means the Companies Act, 1956.

   

(2) ‘Advocate’ means, in the case of a High Court having ordinary original jurisdiction, every person entitled to appear and plead in such jurisdiction of such High Court, and includes an Attorney of such Court, and in the case of every other High Court, every person entitled to appear and plead in such High Court, and in the case of a District Court, every person entitled to appear and plead in such Court:

 

Provided that in respect of the service of notices and processes which under these rules may be served on an Advocate on behalf of any party, or the filing of an appearance on behalf of any party, ‘Advocate’ shall mean only a person entitled to act for a party under the rules of the Court, whether or not he is entitled also to plead.

 

(3) ‘Certified’ means, in relation to a copy, certified as provided in section 76 of the Indian Evidence Act, 1872.

 

(4) ‘Code’ means the Code of Civil Procedure, 1908.

 

(5) ‘Court’ means the Court having jurisdiction under the Act.

 

(6) ‘Filed’ means filed in the Office of the Registrar.

 

(7) ‘High Court’ and ‘District Court’ means respectively the High Court and District Court having jurisdiction under the Act.

 

(8) ‘Judge’ means, in the High Court, the Judge for the time being exercising the jurisdiction of the High Court under the Act, and in the District Court, the Judge of that Court exercising jurisdiction under the Act.

 

(9) ‘Judge’s summons’ means a summons returnable before the Judge in Chambers or in Court.

 

(10) ‘Prescribed’ means prescribed by these Rules; and ‘prescribed charges’ and ‘prescribed fees’ means charges or fees prescribed by these Rules and where they are not so prescribed, prescribed by the Rules of the Court in respect of analogous matter in its other proceedings.

 

(11) ‘Registrar’ means, in the High Court, the Registrar of the High Court, and includes the Prothonotary, Master and Assistant Master, and such other officer as may be authorized by the Chief Justice to perform all or any of the duties assigned to the Registrar under these Rules, and in the District Court, such officer of that Court as may be authorized by the High Court to perform all or any of the duties assigned to the Registrar under these Rules.

 

(12) ‘Reserve Bank’ means the Reserve Bank of India and includes its branches and agencies.

 

(13) ‘The Rules’ means these Rules, and includes the prescribed forms.

 

(14) ‘Sealed’ means scaled with the seal of the Court.

 

(15) ‘Section’ means section of the Act.

Save as aforesaid, and unless the context otherwise requires, words and expressions contained in these Rules, shall bear the same meaning as in the Act, and the General Clauses Act, 1897 (X of 1897) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament

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