Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)747; [2005(106)FLR853]; (2005)IIILLJ846AP
..... out the repair maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or chapter iv (except section 27) or section 43, section 44 or section 45, chapter vi, chapter vii, chapter viii, or chapter ix or section 108, section 109 or section 110, in relation to-(a) the workers employed directly by him, or by or through any agency; and the machinery, plant or premises in use for the purpose of carrying out such ..... apart from this aspect of the matter, the evidence of p.ws.1 and also p.w.2 had been discussed at length and in view of the fact respondent-accused was not the director of the company as admitted by p.w.2, he cannot be said to be the occupier within the meaning of section 2(n) of the act and on that ground also acquittal had been recorded.4. ..... even otherwise the counsel would contend that there is clear admission of p.w.2 that respondent-accused was not the director of the said company and hence in view of the same, the acquittal recorded may have to be confirmed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... section 153a or section 171e or section 171f or section 376 or section 376a or section 376b or section 376c or section 376d or section 498a or section 505 of the indian penal code, 1860 or any offence punishable under chapter xiii of this act unless a period of six years has elapsed since the date of such conviction; or(f) if he holds an office of profit under a panchayat or a municipality; or(g) if he holds an office of profit under the government of india or any state government ..... ; or(h) if he is interested in any subsisting contract made with, or any work being done for, that panchayat or municipality except as a share-holder (other than a director) in an incorporated company or as a member of a co-operative society; or(i) if he is retained or employed in any ..... is laid down in chapter ix whereas chapter x is exclusively devoted on the 'polling of votes' followed by chapter xi pertaining to the ' ..... chapter vi of the act pertains to 'electroal rolls for constituencies' whereas chapter vii provides ..... chapter xii- of the act deals with 'election petition' and section 73 thereof provides that an 'election petition' and section 73 thereof provides that an 'election tribunal' at the district or sub-division headquarters level .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ2592
..... the magistrate under sub-section (4) of section 23 to be sent for test or analysis to the said laboratory, which shall make the test or analysis and report in writing signed by, or under the authority of, the director of the central drugs laboratory the result thereof and such report shall be conclusive evidence of the facts stated there in.yet there is another provision which cannot be lost sight of in order to deal with the submission ..... it also does not mention that the sample was stored in a cool place though the petitioner-manufacturing company specifically directed on the outer carton that the drug has to be stored in a cool place precisely for the reason that the drug has its own temperature which gets ..... virtue of the explanation given under section 34 of the act, 'company' means a body corporate and includes a firm or other ..... (3) any document purporting to be a report signed by a government analyst under this chapter shall be evidence of the facts stated therein and such evidence shall be conclusive unless the person from whom the sample was taken or the person whose name, address and ..... - for the purposes of this chapter a drug shall be deemed to be adulterated-(a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or ..... - for the purposes of this chapter a drug shall be deemed to be misbranded-(a) if it is an imitation of, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2299; 2005(5)ALLMR(SC)657; II(2005)BC574(SC); 2005(2)CTLJ48(SC); 119(2005)DLT139(SC); JT2005(4)SC408; (2005)6SCC138
..... it may be noted that the tender document does not say that in case where a company has made a bid, the license to act as surveyor/loss assessor under the insurance act must be in the name of the company itself or that a license personally in the name of the chairman or a director of a company would not be treated as a valid compliance of the requirement of tender. ..... sub-section (d) of this section lays down that no license to act as a surveyor or loss assessor shall be issued unless the applicant, where he is an individual, satisfies the authority that he possesses the qualification enumerated in sub-clauses (a) to (g) and where the applicant is a company or firm, it satisfies the authority that all its directors and partners, as the case may be, possess one or more qualifications as aforesaid and none of such directors or partners suffer from any of the disqualifications mentioned in sub-section ..... the first part was to consist of 'pre-qualification bid', which was to be accompanied by various documents showing experience, constitution of the firm/company, turn over for past three years, a copy of the license to act as surveyor/loss assessor under the insurance act, 1938, besides other matters and earnest money in the form of bank draft/pay order. ..... as per our tender criteria, clause 1(d), chapter 2 (pg.6) mentions that the tenderer must have license to act as surveyor/loss assessor under insurance act, 1938. ..... chapter i deals with 'instructions regarding submission of the tender'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(3)ALLMR(SC)327; [2007(112)FLR920]; JT2007(2)SC359; 2007(2)SCALE206; 2007(1)LC0207(SC)
..... with the definition of 'retired' to include 'deemed to have retired' under clause (1), whereas under clause (l) `deemed to have retired' means cessation from service of the bank on appointment by central government as a whole-time director or managing director or chairman in the bank or in any other bank specified in column 2 of the first schedule of the act or banking companies (acquisition and transfer of undertakings ..... the appellant-bank in its affidavit filed before the high court has categorically stated and pleaded that as per the advise of the director (ir), government of india, ministry of finance, department of economic affairs, banking division, ir section, the benefit of exercising option for pension cannot be extended to the employees who had retired on medical grounds with simultaneous ..... specified in service regulations or settlements;(b) on voluntary retirement in accordance with provisions contained in regulation 29 of these regulations; and(c) on premature retirement by the bank before attaining the age of superannuation specified in service regulations or settlements.chapter ii of the pension regulations deals with 'application and eligibility'. ..... at the rate of six per cent per annum on the said amount from the date of settlement of the provident fund account till the date of refund of the aforesaid amount to the bank.chapter v deals with 'classes of pension'. ..... under chapter iii of the pension regulations, bank shall constitute a fund to be called the union bank of .....
Tag this Judgment!Court : Delhi
Reported in : (2002)173CTR(Del)123
..... this section, 'assessed tax' means the tax on the total income determined under sub-section (1) of section 143 or on regular assessment reduced by the amount of tax deducted or collected at source in accordance with the provisions of chapter xvii on any income which is subject to such deduction or collection and which is taken into account in computing such total income.explanation 2.where in relation to an assessment year, an assessment is made for the first time under ..... at the cost of repetition, we may reiterate that it is also not expected that a financing company would advance an interest-free loan to another, when it itself takes loan and pays interest upon the principal sum.as the assessed could not produce any document in this regard, an adverse inference in terms of section 114 of the evidence act should be drawn to the effect that had those documents been produced, the same would have gone ..... the assessed, a private limited company closely held by three family groups, is made to lend huge amounts (up to 23 lakhs of rupees as per the compromise arrived at between the assessed and the directors/shareholders in the civil suits referred to above) at a very low rate of interest and the entire difference of interest is being charged ..... be remembered that, in pursuance of the compromise referred to above, the limit of amounts to be lent to the directors/shareholders was substantially raised while, at the same time, drastically reducing the rate of interest to be charged to them .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas477(Mad)
..... 308 of the companies act, the directors of a company have to give notice to the company of their shareholdings in order to enable the company to comply with the provisions of ..... establish the commission of any offence by the petitioners, that the complaint is an after-thought and has presumably been filed as a counter-blast to another complaint filed by the petitioners against other directors and that if, in such circumstances, the trial is allowed to proceed, it would only open the floodgates of persecution against directors and companies in such a manner as to stifle and thwart all corporate business, industrial and mercantile activity, by motivated, dissatisfied or mischievous persons. 5. ..... group, firm, body corporate, or bodies corporate under the same management, shall jointly or severally acquire or agree to acquire, whether in his or its own name or in the name of any other person, any equity shares in a public company, or a private company which is a subsidiary of a public company, if the total nominal value of the equity shares intended to be so acquired exceeds, or would, together with the total nominal value of any equity share already held in the ..... instant case, though it is not mentioned in the complaint, it has been ascertained from counsel that the fifth accused has been registered under the provisions of part a of chapter iii of the mrtp act, 1969. ..... 108b, 108c and 108d, to such companies to which the provisions of part a of chapter iii of the mrtp act, 1969, apply. .....
Tag this Judgment!Court : Chennai
Reported in : [1990]33ITD493(Mad)
..... iqbal one of the managing director of the company should be countersigned by another director of the company who is authorised to sign all employees provident fund and family pension fund documents ..... - for the purposes of the indian income-tax act, 1922, the fund shall be deemed to be a recognised provident fund within the meaning of chapter ix-a of that act.provided that noting contained in the said chapter shall operate to render ineffective any provision of the scheme (under which the fund is established) which is repugnant to any of the provisions of that chapter or the rules made thereunder. ..... 1,000 per month and, therefore, the employees provident fund act, 1952 did not apply to them and hence such deduction could not be allowed ..... act, 1961, which read as under :'2(38) recognised provident fund means a provident fund which has been and continues to be recognised by the chief commissioner or commissioner in accordance with the rules contained in part a of the fourth schedule, and includes a provident fund established under a scheme framed under the employees provident fund act. ..... fund to be recognised under act 11 of 1922. ..... admittedly also the establishment was one to which the e.p.f act applied. ..... act, which read as under ..... act, the term excluded employee means an employee, who (at the material time) was drawing pay exceeding rs ..... frame a scheme for the working of the act. ..... act empowered the central ..... us, the learned counsel for the assessee took me through the scheme of the e.p.f act. .....
Tag this Judgment!Court : Chennai
Reported in : [2003]115CompCas603(Mad); [2003]48SCL413(Mad)
..... 65 of 1987 under sections 397 and 398 of the companies act, 1956, before a single judge of this court alleging that money is mishandled and the affairs of the company are mismanaged by the other directors, and for winding up of the company. ..... now, the wife and son of chandrakanth and certain other directors have come forward with a petition under sections 397 and 398 of the companies act, 1956. ..... ' part vi of the companies act deals with management and administration and chapter vi of part vi deals with oppression and mismanagement regarding which reliefs are provided under sections 397 and 398 of the companies act. mr. ..... it was argued before their lordships of the apex court that the provisions of the companies (amendment) act, 1988, do not protect the interest of the minority shareholders, who would normally like to invoke the power under section 397 of the companies act inasmuch as these minority shareholders would be required to approach the benches of the board, which do not function in all the states as do the high court, because the minority shareholders would not be able to obtain ..... --(1) it shall be lawful for the chairman to provide that matters falling under sections 235, 237, 247, 248, 250, 388b, 408 and 409 and matters falling under chapter vi of part vi of the act and under section 2a of the monopolies act shall be dealt with by a bench consisting of not less than two members including the chairman or the vice-chairman (which shall be known as the principal bench). .....
Tag this Judgment!Court : Chennai
Reported in : (2009)8MLJ15
..... the provisions of the rdb act, 1993 are to the above extent inconsistent with the provisions of the companies act, 1956 and the latter act has to yield to the provisions of ..... whether under section 446 of the companies act, 1956, the said proceedings could be stayed and later be transferred to the company court and adjudicated in that court. ..... 1990 in accordance with the provisions of section 446 of the companies act, 1956 (hereinafter referred to as 'the act') read with rule 117 of the companies (court) rules, 1959 (hereinafter referred to as 'the rules') for granting leave to proceed with the sale of the property of the company.5. ..... , the sale conducted by the drt, bangalore, without the participation and presence of the official liquidator is vitiated; that he has also received the copies of the letters addressed to the cbi by the ex-shareholders/directors/promoters of the company in liquidation wherein certain allegations against the recovery officer have been made; that under the circumstances, the official liquidator sought for a fresh sale by the drt with the association of the official ..... in our opinion, in view of the special procedure for recovery prescribed in chapter v of the act, and section 34, execution of the certificate is also within the exclusive jurisdiction of the ..... procedure has been laid down in the act for recovery of the debt as per the certificate issued by the tribunal and this procedure is contained in chapter v of the act and is covered by sections 25 to 30 .....
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