Judgment Search Results Home > Cases Phrase: company secretaries act 1980 section 21a board of discipline Court: kerala

K.M. Thomas Vs. CochIn Refineries Ltd. and ors.

Court : Kerala

Reported in : AIR1982Ker248; [1985]58CompCas48(Ker); (1982)IILLJ233Ker

..... petitioner's tender. the two other tenders were for still higher amounts. not being satisfied with the tenders (according to the counter-affidavit of company secretary, all the tenders showed exorbitantly high rates for some items and certain rates wens un workably low) the chief design engineer of the ..... electricity board, (air 1967 sc 1857), heavy engineering mazdoor union, (air 1970 sc 82), sukhdev, (air 1975 sc 1331} to contend that a government company incorporated under the companies act can never be an authority under article 12. learned counsel also submitted that the observations of the constitution bench in rajasthan electricity board must prevail over the ..... a corporation may be created in one of two ways. it may be either established by statute or incorporated under a law such as the companies act, 1956 or the societies registration act. 1860. where a corporation is wholly controlled by government not only in its policy making but also in carrying out the functions entrusted to .....

Kairali Marketing and Processing Co-op. Society Ltd. Vs. Pullengadi Se ...

Court : Kerala

Reported in : II(2007)BC520; 2007(1)KLT287

..... the bank cannot be held to be in charge of and responsible to the company for the conduct of its affairs on the date when the offence was committed. therefore the signatory/the then secretary cannot be prosecuted under section 138 read with section 141 of the n.i. act. the petitioners herein can hence claim no benefit or advantage on account of ..... the conduct of the complainant not prosecuting the then secretary/signatory of the cheque. the challenge raised on this ground must hence fail.26. if the signatory/then secretary is not the person in charge of and responsible to the company for the conduct of its .....

Johny Chandy and ors. Vs. Catholic Syrian Bank Ltd. and ors.

Court : Kerala

Reported in : AIR1995Ker362; [1995]84CompCas520(Ker)

..... prima facie, the board had acted bona fide, this aspect of the pleadings cannot be completely lost sight of.13. in the case of hand, resolutions had been handed over by certain individual shareholders proposing to move an ordinary resolution for the removal of three of the existing directors. though the company secretary suported by the authority of a ..... have changed and a strict view as the one adopted in smith v. paringa mines ltd. would cause considerable practical difficulties in the working of a company. the company normally acts through its board of directors and if the board of directors arc held to be not even having the power of discretion to take steps or to ..... warriar senior counsel appearing on behalf of the appellants was that the board of directors having convened the annual general meeting in terms of section 166 of the companies act for 28-9-1994, their power in that behalf was exhausted and they had no authority or power to adjourn or postpone the meeting once convened. he .....

C.Vinayaraghavan Vs. State of Kerala

Court : Kerala

..... , harrisons malayalam ltd.4. ravi anand, aged50years, s/o.c.a.padmanabhan, 256 c, sivam, kallara road, eroor p.o., thripunithura, cochin-682 306, company secretary, harrisons malayalam ltd. by advs.sri.p.vijaya bhanu (sr.) sri.m.revikrishnan sri.thomas j.anakkallunkal bail appl..no. 7614 of 2013 () respondent/complainant.: ----------------------------------------- ..... act and under sections 406, 409, 468, 471 and 120b of the indian penal code. the crux of the allegations raised b.a. no. 7614 of 2013 2 against the applicants along with the co-accused are briefly stated as below:4. accused nos. 1 to 4 being the president, executive director, vice president - legal and company secretary ..... /siu-ii, thiruvananthapuram.2. the above case is registered against the applicants, who are the senior officials of harrisons malayalam limited, a plantation company having 35000 shareholders and which has been in business in kerala state for over 100 years. the applicants are roped in along with public servants .....

Commissioner of Income-tax Vs. Travancore Titanium Products Ltd.

Court : Kerala

Reported in : [2010]187TAXMAN81(Ker)

..... is under the control of the government and its board of directors is also constituted with the government nominees including government secretaries. the company is located in the extensive land leased from the government on a paltry lease rent. besides this, the government is rendering a lot of services and incentives ..... officer disallowed the claim of deduction of service charges paid by respondent holding that it is not a business expenditure allowable under section 37(1) of the income-lax act. however, in appeal filed against the assessment for the years 1991-92 to 1995-96, different benches of the tribunal took divergent views and the matter came ..... or the like published by a political party.the only question to be considered is whether service charges paid by the respondent company to the state government is eligible for deduction under section 37(1) of the act as held by the first appellate authority in the appeal filed against revised assessment which is confirmed by the tribunal. as .....

Workmen of Blundell Eomite Paints Ltd. Vs. Blundell Eomite Paints Ltd. ...

Court : Kerala

Reported in : (1971)IILLJ265Ker

..... , has merely denied any knowledge about the reorganisation which is quite natural because he is an outsider who comes into the picture in his capacity as the secretary of the cochin commercial employees' association. it is, therefore, apparent that there is little substance in any of the above three reasons mentioned by the tribunal ..... 1. two industrial disputes which had arisen between the management of the cochin division of messrs blundell eomite paints ltd., bombay and their workmen represented by the general secretary, the cochin commercial employees' association, were referred by the government of kerala by g.o.rt. 928/67/hld dated 6-3-1967, to the industrial ..... nothing whatever in the evidence to warrant any inference that either in taking the said policy decision or in its implementation the management of the company was not acting bona fide or that it was actuated by any motive of victimisation or unfair labour practice. as already observed the reasoning of the tribunal that because .....

N. Ramachandran Vs. Cardamom Marketing Co. (Travancore) Ltd.

Court : Kerala

Reported in : [1990]69CompCas205(Ker)

..... ) ltd., brindavan buildings, m.c. road, kottayam-1. it is a public limited company within the meaning of the companies act. the plaint has been signed and verified by one mr. n. ananthasivan, designated as the secretary of the company. the verification reads :--'i. n. ananthasivan, m.a., llb, secretary of the plaintiff company solemnly declare that all the facts stated by me in the above paragraphs ..... the articles of association, has no authority to sign and verify the pleadings, because his appointment as secretary has not been approved by the central government. that such approval is required is clear from the provisions contained in section 269 read with section 388 of the companies act, learned counsel argues. it is not the case of the plaintiff, he argues, that the .....

Employees' State Insurance Corporation Vs. K.A. Vijayan and Anr.

Court : Kerala

Reported in : [2000]99CompCas31(Ker)

..... 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 ..... of such offence. under sub-section (2), if an offence under the act is committed with the consent or connivance of, or due to any negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other^officer shall be deemed to be guilty of the offence and ..... anything contained in sub-section (1), where an offenct under this act has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence .....

Kathayee Cotton Mills Ltd. Vs. Registrar of Companies and ors.

Court : Kerala

Reported in : [1987]61CompCas420(Ker)

..... ) will apply. in that event, the party concerned may by writing authorise an advocate, or a chartered accountant, or costs and works accountant or a company secretary to act as the representative of that party. such a representative is referred to as an authorised representative, as seen in sub-rule (3). an authorised representative is ..... are so declared. the position would, however, be different if the advocate or chartered accountant or cost and works accountant or company secretary did not act in his professional capacity, but qua officer of the company, in which event rule 28(4)(a) and the second paragraph of form no. 4 would apply.11. in the ..... representative. (2) a party may, by writing, authorise an advocate or a chartered accountant or cost and works accountant or a company secretary having prescribed qualification under section 2(45) of the act to function as the representative of such party. (3) every authorised representative, appearing before a bench, shall file, in form no .....

Perfetti India Limited and anr. Vs. Food Inspector and anr.

Court : Kerala

Reported in : 1999CriLJ223

..... nomination under sub-section (2) of section 17 and notwithstanding clause (a)(i) of sub-section (1) of section 17, any director, manager, secretary or other officer of the company, other than the nominated person, can be proceeded against and punished if it is shown that the offence was committed with his consent or connivance, or ..... 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, other than the one nominated, such director, manager, secretary or other officer shall also be deemed guilty and be liable to be proceeded against and punished for the same. this ..... under the act, the person nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of its business shall be proceeded against unless it is shown that the offence was committed with the consent/ connivance/negligence of any other director, manager', secretary or officer of the company in which .....