Judgment Search Results Home > Cases Phrase: companies act 1956 section 581r powers and functions ofboard Court: jharkhand Page 1 of about 20 results (0.111 seconds)

Surinder Singh Sahni Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2008(3)JCR7(Jhr)]

..... issue raised by the petitioner is that exclusion of small scale industrial unit from the definition of industrial undertaking under section 3(1)(f)(ii) of the sick industrial companies (special provisions) act, 1985 and failure of the legislature to enact any such provision, analogous to the provisions of section 22 of the sick industrial companies (special provisions) act, 1985 for the protection of sick small scale industries amounts to discrimination between the large and small scale industries and is, therefore, violative of article 14 of the constitution of india. ..... of the petitioner for declaring the provisions of section 3(1)(f)(ii) of the sick industrial companies (special provisions) act, 1985 as violative of article 14 of the constitution of india, does not therefore survive anymore since the very act and the provisions contained therein, stands repealed. ..... writ application filed by way of public interest litigation, petitioner has made the following prayers:(i) for issuance of an appropriate writ declaring the provisions of section 3(1)(f)(ii) of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'sica' as violation of article 14 of the constitution of india. ..... issuance of a writ commanding upon the state of jharkhand and union of india to make protective arrangement with respect to sick small scale industries similar to the benefit under section 22 of the sica extended to companies/undertakings as defined under section 3 of the act. .....

Anjani Kumar Pandey Vs. The Regional Labour Commissioner Central and A ...

Court : Jharkhand

..... had not impleaded any of the contractors, the authority exercising its power under section 20(7) of the act of 1948, has noticed the contractor concerned in each of the cases who have appeared and strongly denied the case of the applicants for such wages @ ..... authority under the minimum wages act, 1948 cum regional labour commissioner (central), ranchi, has come to a finding against the applicant on four issues inter-alia, (i) whether the mines in question is 'above ground' or 'below ground' mine, (ii) whether the applicants / claimants have been directly employed by the respondent company, (iii) whether they are still employed directly by the respondent company or not, and (iv) whether the delay in ..... took the plea that none of the persons were directly employed by the company and no proof of employment such as form-b, employment card, wage slip, ..... the applicants have substantiated their contention that they are working directly under the respondent company in 'below ground' mine by any documentary proof such as, wage slip, employment ..... filing the claim application after one year of the period of limitation under the minimum wages act, is fit to be condoned or not? 6. .....

Ganesh Roy Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : 2004(2)BLJR1035; [2004(2)JCR443(Jhr)]; [2004]55SCL662(Jhar)

..... company thereafter asked the petitioner to vacate the residential quarter since he ceased to be in employment of the company inspite of notice and reminders, petitioner did not vacate the premises and thereby he alleged to have committed offence under section 630 of the companies act by wrongfully withholding the said premises which is the property of the company ..... submitted that since termination of service of the petitioner was illegal, the government referred the dispute to the labour court for adjudication and as such under these circumstances the criminal prosecution against the petitioner under section 630 of the companies act is an abuse of process of the court.4. ..... view of the matter initiation of criminal proceeding under section 630 of the companies act cannot be held to be without jurisdiction.10. ..... 2000 whereby he has taken cognizance under section 630 of the company's act against the petitioner.2. ..... section 630 of the companies act reads as under :'penalty for wrongful ..... that when the services of the petitioner was terminated, he moved before the appropriate government for referring the dispute to the labour court under section 10 of the industrial disputes act and the government finally referred the disputes to the labour court vide notification dated 17.11.2000 being reference case no. ..... the function of clause (a) and although it primarily refers to the existing officers and employee, it may also take in past officers and employee. ..... to be one of the functions of clause (b). .....

Captain Deep Shrivastava Vs. Tata Steel Limited Through Its Legal Mana ...

Court : Jharkhand

..... the respondents also put emphasis and drew attention upon the application filed under section 630 of the companies act and submitted that the proceedings are summary in nature and the learned court below was about ..... pointed out about the subject matter of the title suit vis-a-vis the subject matter of the complaint case filed under section 630 of the companies act and the prayer made with regard to retention of quarters and payment of all the emoluments attached to his post. ..... 139 of 2006 on 29.11.2006 under section 630 of the companies act and the copy of the said complaint is ..... offence committed u/s 630 of the companies act and it is exclusively triable by the court of special judge, economic offences and the court of civil judge (sr. ..... are as follows:- (a) that the cognizance may please be taken and process may please be issued against the accused according to law for prosecution u/s 630 of the companies act. ..... tata steel limited, a company incorporated under the companies act, through its legal manager, legal services shri ..... companies act. ..... feel it would be against public policy to leave the door open for an investigation whether a draft sent by a judge was intended to embody his final and unalterable opinion or was only intended to be a tentative draft sent with an unwritten understanding that he is free to change his mind should fresh light drawn ..... undoubted power to alter or modify a judgment, delivered but not signed, such power should be exercised judicially, sparingly and for .....

Bank of India Vs. Tata Iron and Steel Company Ltd. and ors. and Bihar ...

Court : Jharkhand

Reported in : II(2006)BC183; [2005(4)JCR346(Jhr)]

..... canara bank, air 2000 sc 1535 in which it was held that at the stage of adjudication under section 17 and execution of the certificate under section 25, the provisions of the recovery of debts due to banks and financial institution act, 1993 confers exclusive jurisdiction in the tribunal and the recovery officer in respect of the debts payable to banks and financial institutions and there can be no interference by the company court under section 442 read with section 537 or under section 446 of the companies act, 1956. ..... official liquidator, : air2005sc1814 , in which the decision in the allahabad bank case (supra) was noticed and it was observed that while section 446 of the companies act undisputedly confers wide powers upon the company judge, such power can be exercised only upon consideration of the respective contentions of the parties raised in a suit or proceeding or in a claim made by or against the company. ..... allam, we are of the' view that the bank ought to have disclosed before the debts recovery tribunal that a proceeding for winding up of the company had been initiated in the jharkhand high court pursuant to the recommendations made by the board for industrial and financial reconstruction (bifr) and that the official liquidator had already been appointed in the said proceedings and by operation of section 456 of the companies act, 1956 became the holder of the assets and liabilities of the company under liquidation. .....

Deepak Prakash Vs. the State of Jharkhand,

Court : Jharkhand

Reported in : 2008(56)BLJR169; [2007(4)JCR265(Jhr)]

..... the association which has been framed in terms of the provisions contained in the indian companies act, 1966; if the petitioner desires to challenge the legality or propriety of the articles of association framed under the provisions of the companies act, he must have filed necessary application before the registrar, company law board, constituted under the companies act, 1966, and without doing so, the petitioner cannot challenge the vires of the articles of association, ..... initially appointed as chairman of the jharkhand state mineral development corporation limited (hereinafter referred to as the corporation) by the order of the governor dated 26.10.2003 invoking powers under article 35(a) of the articles of association of the corporation, was removed from the post of chairman on 4.5.2007 by the governor invoking article 35(e)(iv) of ..... like the governors, the ministers, the attorney-general and the advocate general discharge their duties efficiently, though removal at the pleasure of the competent authority under the law, and it cannot be said that they are bound to become demoralized or remain under a constant fear of removal and as such do not discharge their functions in a proper manner during the period they remain ..... justice in not affording any opportunity to the nominated members before their removal nor the removal under the pleasure doctrine contained in the fourth proviso to section 9 of the act puts any stigma on the performance or character of the nominated members. .....

Nicco Jubliee Park Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2004(3)JCR7(Jhr)]

..... the purpose of issuance of a registration certificate under the bihar entertainments tax act, 1948, hereinafter referred to as 'the act', for directing a refund to be made pursuant to a revisional order for quashing the orders and notices demanding tax under the act and for a declaratory relief that until the respondents issue a proper notification under section 5(2) of the act specifying the company as a place of entertainment, the liability of the company under the act does not commence and for other ancillary reliefs connected therewith. ..... 'the grounds set out were that the state government has not issued any notification levying tax on an amusement park in exercise of its power under section 3(1) of the bihar entertainments tax act, 1948 as substituted by act (3 of 1977). ..... in that writ petition, two grounds may be relevant in this context in paragraph 20 of the writ petition, it was put forward that the state government has not issued any notification levying tax on amusement parks in exercise of power under section 3(1) of the bihar entertainments ,tax act, 1948 as it stands substituted by act (3 of 1977).7. .....

New India Assurance Co. Ltd. Vs. Smt. Bhawa Devi and ors.

Court : Jharkhand

Reported in : 2005ACJ336; [2004(4)JCR514(Jhr)]

..... making the claim and the person resisting the claim or if the person against whom the claim is made has failed to contest the claim, the insurance company can step in and seek permission of the tribunal and make a prayer for getting itself impleaded as a party to the proceeding and the insurer so impleaded can then contest the proceeding on grounds other than the grounds enumerated in sub-section (2) of section 149 of the act. ..... of the vehicle has remained exparte in which case the insurance company will be entitled to put forward all the defences that are open to the owner of the vehicle under section 110-c(2-a) of the motor vehicles act which specifically states that if the person against whom the claim is made has failed to contest the claim, the insurance company shall have the right to contest the claim on all or ..... question held as under:-'in view of the aforesaid decisions on the point and on a consideration of the relevant provisions under the motor vehicles act, it is plain and clear that the insurance company can contest the claim preferred before the tribunal only on the statutory grounds prescribed under section 149(2) of the act. ..... and observed ;-'apart from this, there is also another aspect of this case which compels us to remit the matter to the tribunal, the tribunal in the present case has refused to permit the insurance company to cross-examine the eye-witnesses on the ground that its defence is limited to matters covered by section 96(2) of the motor vehicles act .....

Akshaya Technologies Private Limited Vs. Damodar Valley Corporation

Court : Jharkhand

Reported in : III(2006)BC326; [2005(4)JCR473(Jhr)]

..... where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the ..... properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for the recovery of money .....

Devendra Kumar Budhia Vs. Bihar Foundry and Casting Ltd. and ors.

Court : Jharkhand

Reported in : [2003(1)JCR613(Jhr)]; [2004]50SCL729(Jhar)

..... this appeal under section 10f of the companies act, 1956 has been preferred by appellant-devendra kumar budhia against the judgment and order dated 3rd september, 1999 passed by the company law board, calcutta ..... krishan budhia was the applicant, who filed a petition under section 186 of the companies act, 1956 seeking directions against 1st respondent, m/s. ..... short), under section 186 of the companies act, 1956 in company application no. ..... who has passed order on an application preferred by a director, who had locus standi to prefer such application under section 186 of the companies act, 1956. 7. ..... only question to determine in a petition under section 186 of the companies act is whether the director or the member, who has moved the application is bona fide and is in the larger interest of the company or not. ..... under section 186 of the companies act is used sparingly with caution so that it do not become a party either a share-holder or the director of the company but it is supposed to act as a prudent man of the ..... fully paid-up equity shares represents 42.23% of the paid-up share capital; said director had served the company requisition notice dated 12th march, 1999 under section 169 of the act for convening the extra-ordinary general meeting for the purpose of considering and passing a resolution to remove the appellant, devendra kumar budhia from the directorship of the company; the board of directors convened meeting on 20th march, 1999 but because of opposition made by appellant, .....