Court : Supreme Court of India
Reported in : AIR1994SC674; [1992]74CompCas400(SC); (1992)2CompLJ156(SC); 1994CriLJ628; 1992(2)Crimes349(SC); (1992)104CTR(SC)203; [1992]196ITR1(SC); JT1992(4)SC22; 1992(1)SCALE992; (199
..... a karta in the case of a hindu undivided family can be prosecuted, and, therefore, by virtue of the said new amendments, the legislature in its wisdom has thought it fit to bring the managing director also along with the company as accused person only by this amendment which takes effect from 1st october 1975, and this introduction of the amendment will go in support of the appellant's contention that the legislature itself had not, during the ..... at the relevant time section 197a of the companies act provided that no company shall appoint or employ at the same time more than one of the following categories of managerial personnel, viz. ..... judge but before this court really one contention was urged, namely--that the word 'person' occurring in section 277 of the act would relate only to an assessee and not to any person other than the assessee and, therefore, the appellant who signed the return of income on behalf of the company in the capacity of managing director, cannot be included within the definition of the word 'person' as used in section 277 and, consequently, if person ..... the appellant herein filed' a miscellaneous petition before the magistrate as to the maintainability of the complaint against him in his capacity as the managing director. ..... however, according to learned counsel for the respondent under chapter xxii, in sections 276, 276a, 276b, 277, 278 and 279, the word 'person' is used. .....
Tag this Judgment!Court : Chennai
..... company and holding company shall have the same meaning as assigned to them under section4 of the companies act, 1956 and section 2 of the companies act, 2013 ..... clause 26 of the grant of permission agreement [gopa] arbitration is the remedy for any dispute and not the courts and the said clause becomes applicable only when the petitioner companies are permitted to migrate into phase-iii policy of the new and the old stations by entering into gopa and thereafter, if there arises any dispute with regard to the ..... their order dated 15th july, 2015, to quash the same and consequently direct the respondents 1 and 2 to permit the petitioners to migrate to fm phase-iii regime by allowing the petitioner companies to resubmit the bank guarantee and permitting the petitioners to participate in the forthcoming fm station phase-iii auction pursuant to the notice inviting application dated march 2nd 2015 for e-auction of first batch ..... with other business ownedactivities and other business ownedname of ceos/partners (with details) as in (ii) belowshare holding pattern of applicant company (and investigating company, if applicable)ultimate ownership of shareholding companies (and the investigating company if applicable) along with detailed particulars of owners as in (ii) below foreign investee/partner company self-declaration regarding presence/operation in china and pakistan (if any) (ii) details in respect of directors/key executives sl.no.full name ..... miscellaneous ..... of the chapter on fundamental .....
Tag this Judgment!Court : Delhi
..... 's hockey team of a team appearing in the top twenty of the "fih worldhockey team ranking-men" within sixty days of the league's first match; 3.3.4.4.4 any other players which the company and ihf have agreed are sufficiently proficient hockey players to participate in the league; and 3.3.4.4.5 any other players who have participated in the bombay gold cup, beighton cup, surjeet hockey tournament ..... of understanding (mou) on 10.12.2004 on the basis that one leisure sports management private limited (lsm) has been mandated by ihf to explore the initiation of domestic tournament for development of indian hockey; that a new company shall be formed by the parties, namely, by ess and ihf to create, organize, promote, develop, own and operate a field hockey league wherein ess or its associates or affiliates shall be issued and hold 49% ..... it is well-settled that under section 291 of the companies act except where express provision is made that the powers of a company in respect of a particular matter are to be exercised by the company in general meetingin all others cases the board of directors ..... original miscellaneous petition no.52/2011 has been preferred by the petitioner-premier hockey development private limited (phdpl) [earlier known as indian hockey development private limited (ihdpl)] to seek restraints against indian hockey ..... payable by ess to the new company from the year 2004 up to 2013 under the master rights agreement. ..... chapter iv of the delhi high court (original side) rules deal .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1955
..... the court not be inconsistent with the view that the accused has been guilty of negligence in, or unfitness for, the discharge of his duty within the meaning of section 7 of the police act, the superintendent of police may refer the matter to the deputy inspector general and ask for permission to try the accused departmentally for such negligence or unfitness.'15. ..... rule, which can be pointed out in the 1991 rules, which occupies the same field as a regulation in chapter-xxxii, then we have no doubt in our mind that the later rules will substitute the old regulations.29. ..... -rule (1) punishments in cases referred to in sub-rule (2) of rule 5 may be imposed after informing the police officer in writing of the action proposed to be taken against him and of the imputations of act or omission on which it is proposed to be taken and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal. ..... set out either section 2 or section 7 or section 46 of the police act under which the power has been exercised in regard to framing of the chapter-xxxii of the regulations as well as the 1991 rules. ..... judgment of an hon'ble single judge given in the case of shiv lal yadav in civil miscellaneous writ petition no. ..... bill, air 1958 sc 956 was relied upon by them and paragraph 19 of the said judgment was placed before us to show that the preamble of an act (and therefore of a set of rules) is a guide and is a very good guide to legislative policy and intent. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672
..... , in this very case with which this court was dealing, an order passed under section 202 of the companies act was appealable to a larger bench and yet it was argued that the order being of an interlocutory nature would ..... similarly, in shankarlal aggarwal's case : [1964]1scr717 this court while construing the provisions of section 202 of the indian companies act observed as follows : there was no doubt either that most of the orders or decisions in winding up would not be ..... of 1877 provided that an appeal from any order specified in section 588 shall lie to the high court or when an appeal from any other order is allowed by the chapter it would lie to the court to which an appeal would lie from the decree in the suit in respect of which such order was made or when such order is ..... ; or(d) under section 26, refusing leave for the removal of a ward from the limits of the jurisdiction of the court, or imposing conditions with respect thereto; or(e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in the section; or(f) under section 32, defining, restricting or extending the powers of a guardian; or(g) under section 39, removing a guardian; or(h) under section 40, refusing to discharge a guardian; or(i) under section 43, regulating the conduct ..... not in any way inconsistent with the letters patent and merely provided an additional remedy by allowing appeals against miscellaneous orders passed by the trial judge to a larger bench. ..... miscellaneous .....
Tag this Judgment!Court : Chennai
Reported in : II(1992)DMC180
..... of various high courts and the apex court of the judicial administration of this country and answered the reference in the following terms :'the law abovesaid thus leaves no manner of doubt that the provisions in chapter xxxii of the code of criminal procedure,1973, which includes section 432, are like power under articles 72 and 161 of the constitution exclusively for the executive and operate in a field which does not either ..... 72 falls squarely within the judicial domain and can be examined by the court by way of judicial review, but cautioned that the function of determining whether the act of a constitutional or statutory functionary falls within the consitutional or legislative conferment of power, or is vitiated by self-denial on an erroneous appreciation of the full amplitude of the power is a matter for the court but not the merits of the ..... course of time, want of cordial atmosphere came to prevail in the matrimonial abode, due to frequent skirmishes and quarrels arising between the spouses, as a consequence of the alleged indiscriminate act of the husband, in pledging the jewels of the wife for the so-called revival of the business, in which serious loss was stated to have occasioned.6. ..... a series of criminal miscellaneous petitions being crl. ..... supreme court has in several judgments said that so long as the question arises whether an authority under the constitution has acted within the limits of his power or exceeded it, it can certainly be decided by the court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... e.g., indian electricity act, 1910, sections 6, 7 & 7a; air corporation act, 1953, sections 16 & 17; imperial bank of india act, 1920, sections 3 & 4; state bank of india act, 1955, section 6(2), (3) & (4); state bank of india (subsidiary banks) act, 1959; banking regulation act, 1949, section 36 ae; and cotton textile companies act, 1967, sections 4(1) & ..... allied business activities which banking institutions engaged in, the attorney-general invited our attention to clause 21 of the charter of the bank of bengal (act vi of 1839): section 27 of act 4 of 1862; to sections 36 & 37 of the presidency banks act xi of 1876; to section 91(15) of the british north america act; to paget's law of banking, 7th edn., at p. 5; to the standard form of memorandum of association of a banking company in palmer's company precedents form 138; and to the statement of objects and reasons in support of the bill which was enacted as the ..... i.41. in modern times in india as elsewhere, to attract business, banking establishments render, and compete in rendering, a variety of miscellaneous services for their ..... act. the validating act removes altogether from consideration any implication arising from chapter iii or section 52 of the improvement act in much the same way as if that act had been passed ..... :. the scheme of the chapter dealing with the fundamental rights does not contemplate .....
Tag this Judgment!Court : Supreme Court of India
..... , if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured; 19 (7) corporate person means a company as defined in clause (20) of section 2 of the companies act, 2013 (18 of 2013), a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the limited liability partnership act, 2008 (6 of 2009), or any other person incorporated with limited liability under any law for the time being in force but shall not include any ..... sub-section (6) of section 30; or (b) rejects the resolution plan under section 31 for the non-compliance of the requirements specified therein, it shall (i) pass an order requiring the corporate debtor to be liquidated in the manner as laid down in this chapter; (ii) issue a public announcement stating that the corporate debtor is in liquidation; and (iii) require such order to be sent to the authority with which the corporate debtor is registered. ..... the corporate debtor filed an appeal being company appeal (at) (insolvency) no.525 of 2019 before nclat against the order dated 1st may 2019, dismissing the miscellaneous application filed by the corporate debtor, seeking dismissal of the application of the appellant financial creditor under section 7(2) of the ibc. ..... by an order dated 1st may 2019, the adjudicating authority (nclt), mumbai dismissed the said miscellaneous application filed by the corporate debtor.27. .....
Tag this Judgment!Court : Karnataka
..... the term 'volunteer' is unknown to law and accused no.3 had no authority in law to verify any pleading on behalf of 'india awake for transparency', having regard to the provisions of order xxix rule 1 of the code of civil procedure read with section 21 of the companies act, 2013. ..... the regional director (southern region), ministry of corporate affairs, chennai, exercising powers under the provisions of section 8(6) of the companies act, 2013, passed the order dated 17.08.2018, wherein, at paragraph-25, it is ordered as under:"i deem it appropriate to revoke/cancel the license issued to the respondent company vide licence no.102249 dated 22nd june 2012 with immediate effect and the registrar of companies, tamil nadu, chennai, is hereby directed to upload this order into the portal of the respondent ..... accordingly, the learned single judge dismissed the writ petitions holding that the order dated 17.08.2018 passed by the 2nd respondent therein by virtue of powers provided under section 8(6) of the companies act, 2013, in no manner, suffers from the vice of any illegality and the same deserves to be sustained. ..... the circumstances warrant that the court has to act as 'societal parent' to protect dharma as preached by bhagvan sri krishna, at verse 7-8 of chapter 4 of the bhagavadgeetha, which is as under:87. .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... been an offence when the companies act enforced and it is, therefore, difficult to see how the companies act could become applicable in that case and when particularly the other act defining the offence itself provides punishment for offences/defaults committed by the companies'.it was further observed :-'if the words 'any proceeding' are of wide amplitude, then perhaps chapter xxi of the income-tax act dealing with penalties imposable for various defaults committed, under that act would also be ..... .'upon consideration of section 14(ac) of the provident funds act and section 86 of the employees state insurance act, it was held as follows :-'the prosecution proposed to be launched under the provident funds and miscellaneous provisions act and employees' state insurance act, are not at the behest of the registrar of companies or the share holders of the company or by a person authorised by central government in that behalf ..... and solely with ix view to frustrating the penal provisions of employees' provident funds and miscellaneous provisions act, 1952, the respondents for the fourth time moved this honourable court on the self same prayers for injunction restraining the applicant from taking any steps against the said company for wilful violation of the provisions of the said act and also praying for instalments for payment of huge sum of provident fund dues and .....
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