Judgment Search Results Home > Cases Phrase: company secretaries act 1980 chapter vii penalties Court: mumbai Page 8 of about 548 results (0.069 seconds)

Satish M. Naik Vs. N.P. Murgali and anr.

Court : Mumbai

Reported in : 1993(3)BomCR630; [1994(68)FLR504]; (1994)ILLJ959Bom

..... mr. mistry - the company secretary of second respondent/company, wherein the petitioner was alleged to have threatened her, the petitioner was ultimately acquitted. under the circumstances, so submits mr.menon, the second respondent was not justified in discontinuing the disciplinary proceeding. in any event since the petitioner is not guilty of any of the aforesaid acts, the order of dismissal, ..... had signed the form in 1981 and this the witness was stating from memory. he was saying so also because the said branch of the bank was opened in 1980 and the petitioner had approached him after about six months. mr. menon has further pointed out that the bank pass book of witness shows that he has his ..... debentures and accordingly eleven cheques written by you amounting in all to rs. 5,659.91 covering the interest for the period from july 1, 1974 to june 30, 1980 were issued in the name of mr. s.m. ikbal. further an entry purporting to be in respect of the despatch of the said cheques to mr. s. .....

Orient Syntex Limited and Others Vs. Besant Capital Tech Limited

Court : Mumbai

Reported in : 2000(5)BomCR345; [2001]104CompCas669(Bom); 2000CriLJ210

..... offence has been committed with the consent or connivance of, or attributable to, any neglecton the part of, any director, manager, secretary or other officer of the company, such director, manager secretary or other officer shall be liable to be proceeded against and punished accordingly. the only defence provided in case of these persons and ..... which is available at the trial is in proviso to subsection (1) of section 141 of the ni act, which reads as under:'provided ..... company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.'therefore, it can be seen that there are two categories of persons who can be deemed to be guilty of the offence under section 138 of the ni act .....

M/S.Mumbai Cricket Association Vs. Pramod G. Shinde

Court : Mumbai

..... law the claim for subsistence allowance could have been made and granted. drawing support from section 10a of the industrial employment (standing orders) act, 1946 and the decision of the hon'ble supreme court reported in 1980 labour and industrial cases 1004 (gujarat steel tubes ltd etc v. gujarat steel tubes mazdoor sabha & ors) and a judgment of ..... , is not based on a sound premise, particularly when the binding decisions of this court in motipur sugar factory's case (supra) andworkmen of messrs firestone tyre and rubber company of india (p) ltd v. management and others, 1973 (3) scr 387 have not been taken note of.7. in the present case, we find that the ..... domestic inquiry whatsoever has been held.11. yet again in workmen of messrs firestone tyre and rubber company of india (p) ltd v. management and others 1973(3) scr 587 this court while interpreting the provision of section 11a of the act held that in terms thereof, the management need not necessarily rely on the materials on record .....

Abdul Majid Haji Mahomed Vs. P.R. Nayak

Court : Mumbai

Reported in : AIR1951Bom440; (1951)53BOMLR621; ILR1952Bom378

..... by revenue officers. therefore this decision is no authority for the proposition for which mr. seervai is contending. as against that there is the observation of the privy council in secretary of state v. mask & co. 42 bom. l r. 767, that it is settled law that the exclusion of the jurisdiction of the civil courts is not to ..... , but it expressly excludes the jurisdiction of the high court to deal with revenue matters, and as pointed out by rangnekar j., in dewarkhand cement co. ltd. v. secretary of state 41 bom. l. r. 297, section 226 is a protective provision for the protection of revenue authorities and the words used in that section must not be ..... force, and even if mr. maneksha was right that the effect of vesting the shares in the custodian may be inconsistent with or override the provisions of the companies act, section 4 gives effect, to the provisions of the ordinance notwithstanding any inconsistency there may be between the provisions of the ordinance and the provisions of the .....

Manohar S. Prabhu and Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 1987(1)BomCR130

..... 3scr425 . it was observed in that case that section 10 of the representation of the people act, by laying down that 'a person shall be disqualified if and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the appropriate government ..... . we may also mention that it was not denied by the petitioners that in all other previous assemblies, except the fifth assembly which functioned from 21-1-1980 to 7-1-1985, women were represented and further, that, in 1967, two persons had been nominated by the central government to be members of the ..... an apprehension, for discretionary power is not necessarily a discriminatory power. the learned council then placing reliance in registrar co-operative societies v. k. kuniabmu, : [1980]2scr260 submitted that the preamble and the other provisions are to be considered for the purpose of finding whether or not there are guidelines to control the conferment of .....

Zahoor Ahmed Peshimam and Another Vs. the Union of India and Others

Court : Mumbai

Reported in : 1998(5)BomCR620

..... others, decided by v.a. mohta and a.p. shah, jj., on 6th april, 1993, the order of detention was passed on 25th september, 1992 under the national security act, 1980. the proposal contained 251 pages and it was received by the detaining authority on 25th september, 1992 itself. argument was that there was no time for the detaining authority to ..... from time to time, the officials from the respective offices of the enforcement directorate, who are required to visit new delhi either to the head office or to the jt. secretary, ministry of finance, department of revenue, for necessary instructions and/or guidance and/or clarifications, as and when called for, are also supposed to keep track of their pending ..... .b. had purchased foreign exchange of u.s. $6,85,000/-, 13,000/- u.k. sterling pounds and 10,000/- u.a.e. dirhams from m/s. thomas cook & company during the one month from 27th october 1995 to 27th november 1995. the t.f.e.b. had also purchased foreign exchange of 5,25,000/ - u.s. $ and 5 .....

Keshariprasad S/O Sadhuram Tiwari Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1987(3)BomCR74

..... the penalty of dismissal, the petitioner filed a complaint before the respondent no. 2, the first labour court, nagpur, on 1-3-1980, under section 28 of the unfair labour practices act.3. the respondent no. 3, by his written-statement, denied the allegations. on 10-2-1983, the petitioner applied for amending his ..... bench, nagpur, : (1972)illj657sc , and after considering all the provisions of the act, it was held that the labour court cannot exercise ..... definition was adopted in the unfair labour practices act, it was adopted together with the amendment.9. the scope of the jurisdiction of the labour court under section (1)-d of the bombay industrial relations act came to be considered by supreme court in m/s. chhotabhai jethabhai patel and company v. the industrial court, maharashtra, nagpur .....

Assistant Commissioner of Income Tax Vs. A.K. Menon, Custodian and ors ...

Court : Mumbai

Reported in : 1996(5)BomCR564

..... it provides for payment to all creditors. this would include secured creditors and persons having special interests. this is in keeping with bankruptcy laws under insolvency acts and companies act. in these acts also the distribution is to all creditors. when therefore there is a provision for distribution to all creditors, if the legislature wishes to exclude secured creditors ..... is an existing obligation to pay the same now or in future.12. the learned advocate general also referred to section 530 of the companies act, 1956. he pointed out that even under the companies act, all revenues, taxes, cesses and rates due at the relevant date and having become due and payable within 12 months next before the ..... within it a dichotomy in this regard and this dichotomy would be destroyed if penalty is constructed as only a part of the tax : [1980]122itr1014(mad) .'57. the learned advocate general submitted that interest is also a different concept from tax. in support of this, he relied upon the .....

Gujar (A.R.) Vs. State of Maharashtra

Court : Mumbai

Reported in : (1968)70BOMLR817; (1969)IILLJ509Bom

..... admission the contention must be upheld. the allegations in para. 11(b) of the petition have been met in para. 15 of the affidavit-in-reply of the under secretary to the government, dated 20 july 1964, and the denial is in these terms : 'with reference to ground (b) in para. 11 of the petition i deny ..... respondents, therefore, can hardly be blamed for the vagueness, if any, in their replication. 16. in this connexion counsel referred to the decision in badat & co. v. east india trading company : [1964]4scr19 , where the supreme court adopted the statement of law in tildesley v. harper (1878) l. r. ch. d. 403 of fry, j., as follows : ..... being prosecuted in the court of the presidency magistrate, twelfth court, bandra, bombay, upon the complaint of respondent 2, the inspector appointed under the bombay shops and establishments act, and filed sometime in july 1963 (none of the parties has been able to give this court the exact date although protracted arguments were addressed). according to the .....

Sakharam Narayan Kherdekar Vs. City of Nagpur Corporation and ors.

Court : Mumbai

Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478

..... . inland revenue commissioner, 1919 2 k. b. 731 where rowlatt j. observed as follows:-'....but in my opinion the company is not carrying on the profession of naval architects within the meaning of the section, because for this 'purpose it is of the essence of a profession that the profits ..... enter it and a recognized standard of conduct enforced) while he is practising it.'28. the question was again considered in another case where the question was whether a company doing the work of naval architect could be said to be carrying on a profession in naya architecture. the case was william esplen son, and swainston ltd. v ..... .2. the petitioner, shri s. n. kherdekar, is a advocate of this court, and also the elected secretary of the high court bar association at nag-pur. the association is a body registered under the societies registration act. the petitioner has been practising for the last 27 years in the high court and also enrolled under the legal .....