Court : Gujarat
Reported in : AIR1992Guj140
..... . 1, the institute of company secretaries of india, which has been constituted under the company secretaries act, 1980. for the sake of convenience, i will refer to hereinafter to the institute of company secretaries of india which was registered under the companies act, as 'the erstwhile company'.2. the petitioner who holds the degrees of b ..... member of that institute. it may be mentioned at the outset that, that institute which was a company registered under the companies act, has since been dissolved by virtue of section 31 of the company secretaries act, 1980, which came into force on january 1, 1981, and its place has been taken by respondent no ..... 1 also contended that by virtue of s. 32(2) of the company secretaries act, 1980, no writ petition would lie against respondent no. 1, for there was no liability or obligation of the erstwhile company on the date the company secretaries act came into force, which would have devolved upon respondent no.1. the argument .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]134CompCas586(Guj); [2008]88SCL138(Guj)
..... directed that contempt proceedings be also drawn against both of them and it simultaneously ordered that the council of the institute of company secretaries of india, constituted under the company secretaries act, 1980, is required to initiate appropriate action under section-21 of the company secretaries act.3. it is to be noted that shailendra k. agrawal is facing prosecution before a competent magistrate and has also filed his ..... applicant tried to build a case on the basis of non-existent document with the help of shri dhiren dave, company secretary, and both of them have made factual averments on affidavit, which were prima facie untrue. after recording these findings, the learned company judge directed that the applicant (shailendra agrawal) and shri dave be prosecuted for the offence punishable under section-195 .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)1GLR481; (1988)IILLJ534Guj
..... article 106(1) empowers the president to appoint chairman of the board of directors or managing director or managing directors of the company. the first chairman of the board of directors was the secretary to the government of india, ministry of food and agriculture (department of food), art. 106(2) empowers the president to ..... this contention was rejected by the learned single judge. in appeal, the division bench confirmed this view of the learned single judge. the allahabad high court in secretary, home department, government of maharashtra v. bansidhar and others (1982) 2 slr 475 was required to consider a similar contention. in that case the employee wireless ..... under the companies act, 1956 having its registered office at new delhi and units spread all over the country including ahmedabad, has filed this appeal against the order of r. c. mankad, j. dated october 8, 1987 in special civil application no. 1326 of 1980 (reported in m. d. juvekar v. modern bakeries (india) ltd. (1988 .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]123CompCas253(Guj); [2005]64SCL184(Guj)
..... verified by one or more of the persons who are at the relevant date the directors and by the person who is at that date the manager, secretary or other chief officer of the company, or by such of the persons hereinafter in this sub-section mentioned, as the official liquidator, subject to the direction of the court, may require to ..... , who was the manager, secretary or chief officer of the company on the relevant date. the relevant extract of sec. 454 of the act is as sunder :(1) where the court has made a winding up order or appointed the official liquidator as provisional liquidator ..... criminal proceedings.6. i have heard the learned advocate as well as the official liquidator.7. according to the provisions of sec. 454 of the act, a statement as to the affairs of the company in the prescribed form is required to be filed within a period of 21 days from the relevant date by the directors or by the person .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj81; (1970)11GLR484
..... may be acquired by the land acquisition proceeding and s. 50 of the land acquisition act allows such company or corporation to appear simply for the purpose of watching the proceedings or assisting the secretary of state. it was further held that such a company or corporation has no power to ask for a reference under section 18 of the ..... act and that it has no right to appeal against the decree made upon a reference. the proceedings, ..... acquisition deputy collector under section 11 of the act the claimants applied for references under section 18 of the act to the court of the district judge of pabna. in those references the secretary of state for india in council was not made a party to the proceedings. in appeal a company or corporation for whose benefit any land .....
Tag this Judgment!Court : Gujarat
Reported in : [1991]71CompCas470(Guj)
..... option as to the company of which he intends to continue as the secretary and shall, on and from such date,vacate office as secretary in relation to all other companies.' 4. section 383a(2)(b) of the companies act is very clear on the point in the case of an individual holding post of company secretary in more than one company. the said sub- ..... section clearly lays down that if any individual is holding office as the secretary of more than one company having a ..... the facts of the present case, it is the case of the respondents-accused that it is not provided in section 383a of the act that the secretary of the company should be the employee of the said company.in the instant case, it is an admitted fact that the said shri r. v. patel is not an employee of the .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... referred to as 'nirma' for brevity), the resulting company, was incorporated under the act as a private limited company on 25th day of february, 1980 under the name and style of nirma private limited. pursuant to the provisions of section 43a of the act, the company became deemed public company with effect from 1st day of july, 1989 and ..... samachar (ahmedabad edition).(d) shri chimanbhai r.shah,(past president of chamber of commerce as also the institute of company secretaries of india) and failing him shri kamlesh shah, the director of the applicant company shall be the chairman of the aforesaid meetings to be held on 9th december, 2005 and in respect of any ..... shri karasanbhai k. patel, the chairman and managing director of the applicant company and failing him shri chinubhai r. shah, (past president of chamber of commerce as also the institute of company secretaries of india) and a director of the applicant company shall be the chairman of the aforesaid meetings to be held on 29th november .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2007)BC362; 2006CriLJ3854; (2006)3GLR2209
..... offence has been committed with the consent or connivance of, or is attributed 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.15 ..... whose consent or connivance or due to his neglect, the company has committed the offence, ..... when the company is the drawer of the cheque, such company is the principal offender under section 138 of the act and everyone who was in-charge of, and was responsible for the conduct of the business of the company and any other person, who is a director or a manager or a secretary or other officer of the company, with .....
Tag this Judgment!Court : Gujarat
Reported in : (1987)2GLR1375; (1988)ILLJ433Guj
..... to ahmedabad. while he was on leave at ahmedabad, he received the impugned order annexure 'i' dated april 21, 1980, terminating his services under regulation no. 2.18 of the staff regulations of the company. the impugned order was served on the petitioner at ahmedabad. he was asked to collect his 90 days' pay in ..... the date it was passed at new delhi. this order was signed by the chairman-cum-managing director, respondent no. 2, at new delhi on april 21, 1980 and, therefore, according to the respondents, the order became effective on that date. this contention raised on behalf of the respondents cannot be accepted in view of ..... companies act, 1956, is 'state' within the meaning of art. 12 of the constitution. the respondents have placed on record memorandum and articles of association of the company. it is important to note that the subscribers to the memorandum of association are two, namely : (i) the president of india ('president' for short), and (ii) r. balasubramanian, joint secretary .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]149CompCas417(Guj)
..... the provisions of rbi act.2. the petitioner-company may be directed to submit their latest financial statements before the high court at the time of hearing.10. in response to such observations, an affidavit is filed by mr. manoj contractor, the company secretary and the authorised signatory of the petitioner-company on december 10, 2008 ..... . along with the said affidavit, the petitioner-company has placed on record the latest published results of the company as on september 30, 2008. the petitioner-company has also confirmed that on the issue of ..... of the proposed amalgamation of india shipping and essar shipping and ports logistics ltd., inasmuch as it complies with the above cited sections of the mauritius companies act, 2001.15. over and above this, mr. soparkar has relied upon the decision of the andhra pradesh high court in the case of moschip semiconductor .....
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