Application of provisions of Information Technology Act, 2000
Section 402 of the Companies Act, 2013 deals with application of provisions of Information Technology Act, 2000. All the provisions of the Information Technology Act, 2000 (21 of 2000) relating to the electronic records, including the manner and format in which the electronic records shall be filed, in so far as they are not inconsistent with this Act, shall apply in relation to the records in electronic form The Act came into force on 01 Apr 2014.
All the provisions of the Information Technology Act, 2000 (21 of 2000) relating to the electronic records, including the manner and format in which the electronic records shall be filed, in so far as they are not inconsistent with this Act, shall apply in relation to the records in electronic form specified under section 398.
Section 402, The Companies Act, 2013 (Act 18 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Gaekwad (supra) thus: > "181. The jurisdiction of the Court to grant appropriate relief under Section 397 of the Companies Act indisputably is of wide amplitude. It is also beyond any controversy that the court while exercising its discretion is not bound by the terms contained in Section 402 of the Companies Act if in a particular fact situation, a further relief or reliefs, as the court may seem fit and proper, is warranted. (See Bennet Coleman & Co. v. Union of India [(1977) 47 Comp Cases 92 (Bom)] and Syed Mahomed Ali v. R. Sundaramoorthy; 1958 2 MLJ 259). But the same would not mean that Section …
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… holding that the MoUs did not bind the company as such and that whatever may have been agreed to between the different groups of the family that could not bind the shareholders of the company. 54. A petition, being CP No. 18 (ND)/2015 was filed by Mr. Vikram Kapur and his son Mr. Angad Kapur before the CLB under Sections 397, 398, 399 and 402 of the Companies Act, 1956 alleging oppression and mismanagement by the Jagdish Kapur and Jaidev Kapur family groups in their capacities as shareholders of the company, Atlas Cycles (Haryana) Ltd. In particular, it was urged that the company was closely held and in the nature of a quasi partnership wherein each …
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… Mr. K. Parasaran, learned Senior Counsel, appearing for the respondents, on the other hand, would contend: xxx xxx xxx 4. The Company Law Board, in exercise of its jurisdiction under Sections 397 and 398 read with Section 402 of the Companies Act has the requisite jurisdiction to direct a shareholder to sell his shares to the other, although no case for winding up of the Company has been made out or no actual oppression on the part of the Director has been proved. xxx xxx xxx 15. Ordinarily, therefore, in a case where a case of …
Questions about Section 402
What does Section 402 of the Companies Act deal with?
Section 402 of the Companies Act is headed "Application of provisions of Information Technology Act, 2000". All the provisions of the Information Technology Act, 2000 (21 of 2000) relating to the electronic records, including the manner and format in which the electronic records shall be filed, in so far as they are not inconsistent with this Act, shall apply in relation to the records in electronic form
How do I find court cases under Section 402 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 402, section 402 Companies Act, section 402 of the Companies Act. People searching for it also type companies act 2006 section 402. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 402 of the Companies Act, and has it changed?
Its own text turns on section 398 (Provisions relating to filing of applications, documents, inspection, etc., in electronic form), so none of them can safely be read on its own.
When did Section 402 of the Companies Act come into force?
Section 402 of the Companies Act, cited as Companies Act 402, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.