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Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... or chief justice of high court member; (c) secretary in the ministry of finance and company affairs member; and (d) secretary in the ministry of law and justice member. (emphasis supplied) significantly, section 10 (fx) which was inserted into the companies act 1956 by the companies (second amendment) act 2002 relating to the constitution of nclt and nclat contained ..... , separation of powers3 etc. these basic features of the constitution are an inherent part of our constitution and polity. 2 minerva mills ltd. v. union of india, (1980) 2 scc591 l. chandra kumar v. union of india, (1997) 3 scc2613 kesavananda bharati v. state of kerala, (1973) 4 scc2256 11. part iii of ..... be permissible in the case of taxing statutes and on the same principle a generous degree of latitude must be permissible in the case of welfare 37 (1980) 1 scc34070 legislation, particularly those statutes which are designed to further the directive principles of state policy. the above decision states that the policy and .....

St. Mary's Franco-American Petroleum Co. Vs. West Virginia

Court : US Supreme Court

..... be recorded in the office of the clerk of the county court of the county in which the attorney resides, and filed and recorded in the office of the secretary of state, and the admission to record of such power of attorney shall be deemed evidence of compliance with the requirements of this section. corporations heretofore organized may comply ..... works in the city of lima, in the state of ohio;" that the corporation "was organized, and now exists by virtue of a charter issued to it by the secretary of state of the state of west virginia on the 18th day of january, 1902;" and that, "on the 17th day of february, 1902, the said defendant corporation, ..... forfeit $100 as a penalty for such failure, and upon failure to pay such penalty, the charter of such corporation shall thereby be forfeited and void." the company refused to comply with the act, and, thereupon, this proceeding was instituted. page 203 u. s. 191 mr. chief justice fuller delivered the opinion of the court. it is argued that the .....

Central Bank of India Vs. Madalsa International Ltd. and Others

Court : Mumbai

Reported in : AIR1997Bom310; 1997(3)ALLMR270

..... . (5) the appointment of a special director referred to in sub-section (4) shall be valid and effective notwithstanding anything to the contrary contained in the companies act. 1956 (1 or 1956) or in any other law for the time being in force or in the memorandum and articles association or any other instrument relating ..... only by the board. in view of the scheme of the act, the jurisdiction of the court under the companies act is excluded by is however, excluded by section 26. therefore, the registration of a reference by the board for industrial and financial reconstruction (may be by the secretary under the powers conferred on him) is, prima facie, ..... 19 (5). by registration of reference, a ministerial act done by secretary or registrar, the legislature never intend that provision of section 22(1) should be attracted, can it be said that upon a frivolous reference made under section 15(1) though in order by the industrial company actuated with ulterior motive to avoid payment to creditors .....

State of Punjab Vs. Guru Ram Dass Transport Company (P) Ltd. and anr.

Court : Punjab and Haryana

Reported in : II(1992)ACC340; (1993)103PLR40

..... which are annexure p. 1 dated february 3, 1992, in the writ petitions, granting the permits to the company aforesaid. these orders are under challenge in these writ petitions filed by the state of punjab through the secretary to government, department of transport, chandigarh.4. the orders of the tribunal are challenged on the ground that ..... yet to be made. this was disclosed by the advocate general appearing on behalf of the state of punjab. 8. chapter vi of the motor vehicles act, 1988 contains special provisions relating to state transport undertakings. section 98 provides that the provisions of chapter vi and rules and orders made thereunder shall have effect ..... state highway routes for which the scheme had already been finalised and published under section 100 of the act.10. it has been argued by shri h.s. sawhney, advocate for the respondent company, that when the company made applications for the grant of permits, the scheme had not been finalised the regional transport authority was .....

Posidon Infrastructure Private Limited Vs. the Si of Police and Others

Court : Kerala

..... 5th respondent is that the 4th respondent has no authority to issue ext.p1 permit. going by section 50(2) of the kerala municipality act,. it could be seen that, the secretary may by order in writing delegate any of his functions to any officer or employee of the municipality, who shall be bound to carryout ..... to 1100 telecommunication towers across kerala and 99% of the lease deeds relating to these towers have been registered paying necessary stamp duty and registration charges. the company has registered lease deeds in the municipal area of perumbavoor after completion of construction. ext.p4 is the copy of the registered deed executed to the case ..... of the terms and conditions of the agreement. the registration will be done after paying requisite stamp duty only after completion of the construction work as the company is facing interference of a faction of common public who are being misguided by politically motivated people. in almost all the cases the panchayat or municipality grants .....

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

..... 363 to entertain the dispute. this has not been discussed by the high court. these covenants were signed by the secretary to the government of india and indicated that the covenants are in the nature of an act of a state and the municipal court could not have jurisdiction over any disputes arising out of its terms. civil ..... article 363(1) of the constitution. in support of the submission, reliance was placed on the decision of this court in renusagar power co. ltd. vs. general electric company and ors.19 43. in response, mr. jaideep gupta, learned senior advocate for the state submitted that two sets of issues arise for consideration: a) the true ..... ali and later tippu sultan overran the territories of cochin in the latter half of the eighteen century, and this brough about an alliance with the english east india company when, in 1791, the maharajah agreed to become their tributary. the the marumakkathayam law, or the law of inheritance through the female line. the maharajah, assuming that .....

Newark Vs. Central R. Co.

Court : US Supreme Court

..... is necessary, it was granted by the act of 1860. appellants maintain that the source of power to construct ..... one year and completed within three years ( 6). the company failed to commence construction within one year. but the act of february 15, 1921, made the time for commencing and completing the bridge two and five years, respectively, from the date of its passage. the chief of engineers and secretary of war, december 29, 1922, approved the plans. the ..... c. 47, 41 stat. 1099, and the bridge act of march 23, 1906, c. 1130, 34 stat. 84, with the approval of its plans by the chief of engineers and secretary of war, confer authority to construct the bridge in question without the consent of the state. but the company also insists that, if the authority of the state .....

The Borough Municipality of Amalner Vs. the Pratap Spinning, Weaving a ...

Court : Mumbai

Reported in : (1952)54BOMLR451

..... itself sent objections under section 75 (c) in response to the public notice issued by the municipality and these objections were subsequently voiced by the secretary of the company at the meeting of the sub-committee to which he was co-opted. these objections were merely against the extent of the increase in the tax ..... citizens. this was done under section 76 (c) municipal boroughs act. five members from the citizens were accordingly co-opted by nomination made by the president and this larger sub-committee mot to consider the proposed rules for taxation. mr. trivedi, who is the secretary of the plaintiff-company, was one of the co-opted members. it would appear ..... borough municipality of amalner was impleaded as defendant 1 and the province of bombay defendant 2. [2] the plaintiff is a company registered under the indian companies act and it owns and possesses lands and buildings for its factories at amalner bearing city survey nos. 3264 to 3267. the municipality in exercise of its .....

Ms. N. Ahmedullah Vs. the State of A.P. Rep. by Its Public Prosecutor, ...

Court : Andhra Pradesh

Reported in : 2006CriLJ4420

..... 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. ..... , he shall not be liable for prosecution under this chapter. (2) notwithstanding anything contained in sub-section (1), where any offence 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 ..... always that the remuneration payable to the working partners shall not exceed the maximum permissible limit under section 40(b) and other related provisions under income-tax act as amended from time to time.the material brought on record clearly establishes, prima facie, that the petitioner is one of the two working partners of the .....

Hasimara Industries Ltd. and anr. Vs. the Company Law Board and ors.

Court : Kolkata

Reported in : 1976CriLJ50

..... penal code.3. on april 2. 1971. the undersecretary to the government of india, department of company affairs. acting under the direction of the secretary, sent a complaint to the director, central bureau of investigation and inspector-general of police, delhi special police establishment, new delhi, regarding the commission of the aforesaid ..... of this inspection, according to the respondents, it appeared from the books of account that the directors and persons carrying on or conducting the business of the bajoria group of companies, acting in conspiracy with each other, had committed various illegalities which amounted to cognizable offences punishable under sections 406/ 409/420/468/477-a and section 120-b of the indian .....