Court : Supreme Court of India
..... shri m.s. zohar, shri ved prakash, shri b.s. rambabu, shri b.s. srivastava, general manager and shri r. tyagrajan, agm as well as the general secretary to the board.10. at this stage, we may note that according to the prosecution, the usual procedure followed by the bank at the relevant time was that credit proposals ..... credit) and the executive director. a perusal of the memorandum placed before the respondent for sanction showed that as many as 14 public sector banks were lending to the company apart from an international private sector bank. the respondent's role was confined to signing the memorandum prepared by the senior officers and participating in the management committee meeting ..... respondent, he abused his official position as a public servant and indulged himself in mischief or criminal misconduct, as provided in section 13(1)(d) of the pc act. she submitted that criminal appeal no.2891 of 2023 page 4 of 11 at the stage of framing of the charge, the high court could not have gone .....
Tag this Judgment!Court : Karnataka
..... regard which is placed on record with appreciation. he relied upon the principles of law enunciated in the case of sri prashant rao v. the chief secretary government 21 of karnataka, w.p.no.21503/2022. the order dated 08.02.2024 in the said writ petition reads as under: heard shri ..... disposal: if authorized by the magistrate, the investigation officer may conduct the public auction through the mstc (metal scrap and trading corporation, a gol miniratha company) portal. the proceeds from the auction should be deposited into the account head specified by the jurisdictional magistrate. this procedure ensures that uninsured vehicles are managed ..... : i) removal of encroachments on the footpaths, pavements. ii) regulating street vendors as per the street vendors (protection of livelihood and regulation of street vending) act, 2014 and the karnataka street vendors (protection of livelihood, regulation of street vending and licensing) scheme, 2020. iii) action to be taken in respect of vehicles .....
Tag this Judgment!Court : Karnataka
..... machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the board, or with the government constituting the board, or with a local authority in the state, ..... ) 2 scc551, in support of his submissions including to substantiate that the order travelled beyond show cause notice. decision in s.l. kapoor v. jagmohan [(1980) 4 scc379 was pressed into service in which it was held that requirement of natural justice are met only if proper opportunity to represent is given in view ..... for any consequences. third notice was issued. (vii) the petitioner was disqualified as member and consequently removed/dismissed as chairman under section 6(2) of the act, in total disregard of natural justice, without framing charge and even without giving opportunity of hearing.6. for all the foregoing discussion and reasons, the petition succeeds .....
Tag this Judgment!Court : Supreme Court of India
..... act being committed, would be liable under this section. relevant portion thereof reads thus: 10. what is required is that the persons who are ..... a firm, means a partner in the firm. 67 ni act for short 59|slp(crl)4866/2023 49.1 in s.m.s. pharmaceuticals ltd. v. neeta bhalla68, a bench of three judges held that only a person who is in charge of the affairs of the company, i.e., a director, manager or secretary and alongside that was connected to the criminal .....
Tag this Judgment!Court : Supreme Court of India
..... compensation amount determined under the supplementary award dated 02.05.2022?. vii. analysis a. scheme of arrangement between the appellant and jal under sections 391 to 394 respectively of the companies act, 1956 21. an analysis of the scheme agreed between the appellant and jal as sanctioned by the nclt, mumbai and nclt, allahabad respectively is the key to determine who should ..... of compulsory acquisition needed to be invoked. furthermore, to invoke the provisions of compulsory acquisition, it was submitted vide this office letter no.2766 dated 06.01.2009 to pr. secretary (industries) gohp that the main dumping site of the project at baga - sehnali is situated above village bhalag and during the unprecedented i i heavy rain season of 2007 08 .....
Tag this Judgment!Court : Karnataka
..... be pinned when the person is in overall control of the day- to-day business of the company or firm. vicarious liability under sub-section (2) to section 141 of the ni act can arise because of the director, manager, secretary, or other officer's personal conduct, functional or transactional role, notwithstanding that the person was not in overall control ..... a point which when accepted will conclude the particular proceeding, cannot be held to be an interlocutory order. in v.c. shukla v. state [1980 supp scc92:1980. scc (cri) 695 : (1980) 2 scr380 this court has held that the term interlocutory order used in the code of criminal procedure has to be given a very liberal construction ..... it may be held that a revision petition is maintainable; iii) that the judgment in the case of v.c. shukla v. state through c.b.i. [1980 supp supreme court cases 92:air1980sc962 is not applicable to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of .....
Tag this Judgment!Court : Karnataka
..... be pinned when the person is in overall control of the day- to-day business of the company or firm. vicarious liability under sub-section (2) to section 141 of the ni act can arise because of the director, manager, secretary, or other officer's personal conduct, functional or transactional role, notwithstanding that the person was not in overall control ..... a point which when accepted will conclude the particular proceeding, cannot be held to be an interlocutory order. in v.c. shukla v. state [1980 supp scc92:1980. scc (cri) 695 : (1980) 2 scr380 this court has held that the term interlocutory order used in the code of criminal procedure has to be given a very liberal construction ..... it may be held that a revision petition is maintainable; iii) that the judgment in the case of v.c. shukla v. state through c.b.i. [1980 supp supreme court cases 92:air1980sc962 is not applicable to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of .....
Tag this Judgment!Court : Karnataka
..... , 6th main, rmv2d stage dollars colony bengaluru 560007. appellant (by sri. yashodhar hegde - advocate) and:1. . state of karnataka represented by its4principal secretary department of health and family welfare iii-floor, vikasa soudha bengaluru 560 001. 2 . karnataka health systems development project represented by its project administrator now renamed ..... 6th main, rmv2d stage dollars colony bengaluru 560007. appellant (by sri. yashodhar hegde - advocate) and:1. . state of karnataka represented by its principal secretary department of health and2family welfare iii-floor, vikasa soudha bengaluru 560 001. 2 . karnataka health systems development project represented by its project administrator now renamed as ..... court to modify the award, stems from the power under section 34(1) of the act. in this regard, he relies 25 on the judgment in the case of vedanta limited vs. shenzen shandong nuclear power constructions company ltd. ((2019 (11) scc465).16. additionally, it is the contention of the .....
Tag this Judgment!Court : Karnataka
..... , 420, 477a of ipc and section 13(1)(c) &(d) read with section 13(2) of pc act on the ground, that the national seeds corporation ltd. is a government of india undertaking registered under the provisions of companies act, having its head office at beeja bhavan, pusa complex, new delhi, 110012. the said corporation is engaged in ..... pw.17 m.s.nagaraja rao, the accountant of kaic tumakuru, pw.19 kempegowda, the district manager of kaic, mangaluru, and also pw.22 g.siddramappa, the secretary of vssn, ajjampur. even pw.23 s.j.jayaprakash the assistant director of agriculture, hassan, who have spoken about that fact.37. the learned trial court while considering ..... is believed to the extent that, this police officer has filed a charge sheet against the accused after completing the investigation.66. pw.22-g.siddaramappa was the secretary and then manager of vssn, ajjampura, tarikere tq. according to his evidence, his society was having transactions with the nsc hassan. they used to purchase the seeds .....
Tag this Judgment!Court : Supreme Court of India
..... said date and that the share certificates were fabricated. various discrepancies were pointed out by him in the said certificates, including absence of the signature of the company secretary. the nclt, however, noted that respondent no.2 did not dispute the receipt of monies from the appellants. further, the nclt also noted that respondent ..... modern plastic containers pvt. ltd. and others1, the short question for consideration was framed thus by this court: whether in the proceedings under section 155 of the companies act, 1956, the court has exclusive jurisdiction in respect of all the matters raised therein or has only summary jurisdiction?. it was observed that the very word rectification ..... micon (now nepc india limited) and others5, this court again had occasion to deal with exercise of power under section 111-a of the companies act, 1956. the company law board s view had been reversed by the madras high court in appeal, whereby the appellants were relegated to the remedy of a civil suit .....
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