Judgment Search Results Home > Cases Phrase: company secretaries act 1980 chapter vii penalties Court: supreme court of india Page 1 of about 833 results (0.619 seconds)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... there has to be a higher ranking officer along with, preferably, a judicial officer. the provisions contained in section 33(2) of the act to the extent it gives power to joint secretary is, therefore, struck down giving liberty to the respondents to suitably enact a provision on the aforesaid lines, which would adequately protect the ..... devices, information can be accessed, stored and disseminated without notice to the individual. metadata and data mining make the individual s personal information subject to private companies and the state. in this background, his lordship discusses the necessity of a data protection regime for safeguarding privacy and protecting the autonomy of the individual. ..... . scc (cri) 155]. , at paras 192, 197-b, 234 and 241 and prem shankar shukla v. delhi admn. [prem shankar shukla v. delhi admn., (1980) 3 scc526:1980. scc (cri) 815]. , at paras 21 and 22. it is too late in the day to canvas that a fundamental right must be traceable to express language in .....

Sabu Mathew George Vs. Union of India and Ors.

Court : Supreme Court of India

..... of, any director, manager, secretary or other officer of the 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 ..... due diligence to prevent the commission of such offence. (2) notwithstanding anything contained in sub section (1), where any offence punishable under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part ..... the meetings of the advisory committees. (d) the national inspection and monitoring committee constituted by the central government for conducting periodic inspection shall continue to function till the act is effectively implemented. the reports of this committee be placed before the 2 (2001) 5 scc5773 (2003) 8 sc4094 (2003) 8 scc4105 (2003) 8 .....

Virendra Pal Singh and ors. Vs. District Assistant Registrar, Cooperat ...

Court : Supreme Court of India

Reported in : (1980)4SCC109; 1980(12)LC673(SC)

..... known that many of the cooperative societies, particularly in rural areas, need the guidance of well trained expert officers and it is the function of the secretary and the other members of the centralised service to afford proper guidance to the ignorant and often illiterate members of the cooperative society. the supervisory powers ..... removal and other conditions of service of persons appointed to such posts shall be governed by the provisions of that section and the rules made thereunder. the secretary is to be the chief executive officer of that 'cooperative society', and subject to the control and supervision of the committee of management he is responsible ..... we are, therefore, unable to agree with she submission that the u.p. cooparative societies act is not a law dealing with cooperative societies because wide powers are given to the registrar of cooperative societies and the secretaries of societies and because a centralised service has been created.12. another argument which was .....

Agricultural Produce Market Committee Vs. Shri Ashok Harikuni and anr. ...

Court : Supreme Court of India

Reported in : AIR2000SC3116; [2000(87)FLR638]; 2000(6)SCALE461; (2000)8SCC61; [2000]Supp3SCR379

..... functions towards welfare activities for the benefit of its subject. such activities can be undertaken even by any nongovernmental organisation or a private person, corporate or company. in fact, prior to the abolition of zamindari, the hats and bazars (markets) held on zamindar's (landowner) land, the zamindar used to ..... charter. its action under the legislation, so far as it is not regal execution of the law is merely analogous to what of a private company similarly authorised. supreme court of america in verisimo vasquez vilas v city of manila expounded the dual character of a municipal corporation thus:they exercise ..... act to be for the regulation of marketing of agricultural produce, establishment of market committee for controlling, trading in specified kind of agricultural produce. it provides for levying of market fees by the market committee. it confers power on the market committee to borrow money. the appointment of government servants as secretaries, assistant secretaries .....

Rajasthan Pharmaceutical Laboratory, Bangalore and Two ors. Vs. State ...

Court : Supreme Court of India

Reported in : AIR1981SC809; (1981)83BOMLR227; 1981CriLJ348; 1981(1)SCALE139; (1981)1SCC645; [1981]2SCR604

..... has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the 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. ..... three appellants have been found guilty-and pass appropriate sentences. the appeal is allowed to the extent and in the manner indicated above.writ petition no. 2929 of 1980.9. the writ petition questions the validity of the order of the high court punishing the third appellant in the above appeal (criminal appeal no. 120 of ..... section 18(c) the high court appears to have overlooked the provisions of section 27(a)(ii) which makes a sentence of imprisonment compulsory.5. chapter iv of the act, headed 'manufacture, sale and distribution of drugs and cosmetics' includes section 16 to section 33a. section 18 provides inter alia : 'no person shall himself or by .....

Guljag Industries Vs. Commercial Taxes Officer

Court : Supreme Court of India

Reported in : [2007]293ITR584(SC); JT2007(10)SC1; 2007(9)SCALE564; (2007)7SCC269; (2007)9VST1(SC); 2007AIRSCW5044

..... (i) name and full _______________address of the transporter _______________(transport company or owner _______________of the vehicle or carrier.) _______________(ii) registration no. of the _______________vehicle or carrier. _______________i, ...proprietor/ partner/ director/ karta/ manager/ secretary hereby declare that the facts stated are true to the best of ..... the consignor _______________(2) (a) name and complete _______________address of the consignee _______________(b) r.c. no. of the _______________consignee under _______________rst act _______________cst act _______________(3) nature of the transaction: _______________(a) consignment; or _______________(b) depot transfer; or _______________(c) inter-state sale; or ..... the said penalty was leviable under two circumstances. firstly, if there was non-compliance of section 78(2)(a) of the said act, namely, that it was not carrying the documents mentioned in that clause. secondly, if false or forged documents/declaration was submitted then .....

Nagaraj Shivarao Karjagi Vs. Syndicate Bank Head Office, Manipal and A ...

Court : Supreme Court of India

Reported in : AIR1991SC1507; [1991(63)FLR133]; JT1991(2)SC529; (1992)IILLJ149SC; (1991)2MLJ7(SC); 1991(1)SCALE832; (1991)3SCC219; [1991]2SCR576; 1991(2)LC216(SC); (1991)2UPLBEC1049

..... enclosing herewith a photostat copy of the do letter no. 41/3/84-vig. dated 21.7.1984 received by me from shri ashok kumar, joint secretary, ministry of finance, department of economic affairs, (banking division), vigilance cell, new delhi, in the above connection for strict compliance of the instructions contained ..... whom the inquiry should be entrusted.the direction of the ministry of finance, department of economic affairs (banking division) 10. on 21 july 1984 joint secretary, ministry of finance, department of economic affairs (banking division) has written a letter to all banking institutions thus: recently a case has been reported where ..... no jurisdiction to issue the impugned directive to banking institutions. the government may regulate the banking institutions within the power located under the banking companies (acquisition and transfer of undertakings) act, 1970. so far as we could see, section 8 is the only provision which empowers to the government to issue directions. section .....

M.R. Pratap Vs. V.M. Muthukrishnan, Income Tax Officer, Central Circle ...

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

..... duty cast by the specific provisions of the statute, or are otherwise responsible for the acts done.9. another argument of learned counsel for the appellant was that the term 'principal officer' is defined in section 2(35) as the secretary, treasurer, manage or agent of the company, but would not include managing direct as the said term 'managing director' is conspicuously omitted ..... such capacity. the effect of the amended section 140(c) of the act is that the company's return of income should be signed only by the managing director or by any director, when there is no managing director, and not by the secretary or the treasurer, who are however included within the meaning of 'principal officer' under section 2(35) of the .....

N. Rangachari Vs. Bharat Sanchar Nigam Ltd.

Court : Supreme Court of India

Reported in : AIR2007SC1682; IV(2007)BC516(SC); (2008)1CompLJ124(SC); 2007CriLJ2448; 2007(3)CTC495; JT2007(6)SC292; 2007(2)KLT1030(SC); 2007(4)MhLj375; 2007MPLJ375(SC); 2007(5)SCALE821;

..... managers, secretaries or other officers of the company, if it was proved that the offence was committed with their consent or connivance.13. a company, though a legal entity, cannot act by itself but can only act through its directors. normally, the board of directors act for and on behalf of the company. this is clear from section 291 of the companies act which provides ..... responsible for the conduct of the business of data access (india) limited. the relevant statement in the complaint read:that accused no. 1 is a company incorporated under the companies act. accused nos. 2 and 3 are its directors. they are incharge of and responsible to accused no. 1 for conduct of business of accused no. 1 ..... to ensure that a person who is sought to be made vicariously liable for an offence of which the principal accused is the company, had a role to play in relation to the incriminating act and further that such a person should know what is attributed to him to make him liable. in other words, persons who .....

National Small Industries Corp. Ltd. Vs. Harmeet Singh Paintal and anr ...

Court : Supreme Court of India

Reported in : JT2010(2)SC161; 2010(2)SCALE372

..... has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the 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. ..... directions or instructions the board of directors of the company is accustomed to act;(f) any person charged by the board of directors with the responsibility of complying with that provision; provided that the ..... and 45 of section 2 of that act would show that the following persons are considered to be the persons who are responsible to the company for the conduct of the business of the company:(a) the managing director/s;(b) the whole-time director/s;(c) the manager;(d) the secretary;(e) any person in accordance with whose .....