Court : Allahabad
Reported in : (2006)2CompLJ455(All); [2007]76SCL352(All)
..... court2. that the official liquidator has received a copy of petition under section 391/394 of the companies act, 1956 for sanction of the scheme of amalgamation of highland distilleries ltd. (transferor company) with shaw wallace distilleries ltd. (transferee company).3. that shri o.k. meena, practising company secretary, produced books of accounts and statutory records before the official liquidator for scrutiny on 20.12.2005 ..... as required under section 394 of the companies act, 1956.4. that transferor-company was incorporated on 29 july 1991 and obtained certificate of .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]132CompCas237(All); [2006]71SCL149(All)
..... filed his report no. 110/2003 dated 18.8.2003. in his report he submits that the company secretary and the auditor of the' company attended his office on 9.8.2003 and produced their relevant books of accounts for scrutiny under section 394 of the companies act, 1956. the statutory references were found to be in order. the official liquidator, however, objected that in ..... all the meetings, sri anil kamthan was shown as company secretary whereas he is also one of the directors on the board of the company. he got an assurance that both the designation as director .....
Tag this Judgment!Court : Allahabad
Reported in : [2002]112CompCas562(All)
..... of 2000 filed by cement workers union and others against winding up order was dismissed on 31-7-2000. 8. the statement of affairs of the company in pursuance of section 454 of the companies act, 1956, on form 157 verified by sri yashpal sharma, the company secretary on 6-3-2000, was submitted to official liquidator with a copy to the registrar of the ..... the lead bank by way of equitable mortgage. a declaration and undertakingdated 8-5-1994 has also been given by the company regarding joint mortgage. the government of u.p. guaranteed the above loan by its letter dated 22-10-1980 and 23-12-1991 and also executed guaranteed agreement dated 23-12-1991. to secure credit facilities towards the working capital .....
Tag this Judgment!Court : Allahabad
Reported in : 1965CriLJ439
..... the sub-standard drug was sold;(c) in the case of a company, the company itself; and also(i) every person in charge of, and responsible to the company for the conduct of the business of the company ; and(ii) director, manager, secretary or other officer of the company if the offence is committed with his consent or connivance or is attributable ..... lucknow, had supplied olive oil to g. b, pant hospital, nainital. the inspector of drugs, bareilly region, bareilly took a sample of this olive oil on 27-2-1980. one of the samples was sent to the government analyst for analysis and report who found that the drug (olive oil) was sub-standard. on receipt of the report the ..... of drugs filed a complaint against the applicants alleging that they had committed an offence punishable under section 27 read with section 18 of the drugs act, 1940 (to be referred hereinafter as the act). the complainant led evidence as to the supply of the olive oil by messrs. p. cool & co. ltd., lucknow, the taking of .....
Tag this Judgment!Court : Allahabad
Reported in : (1981)IILLJ159All
..... affects their basic rights.' reference might also be made to the judgment of the court of appeal in norwest hoist ltd. v. secretary of state for trade (supra). section 165(2) of the company's act, 1948 to the extent relevant was in the following terms:without prejudice to their power under the last foregoing section, the board ..... . davies and mr. harding have been validly and lawfully appointed as inspectors to investigate the affairs of the company.the secretary of the company was informed by means of a letter from the secretary of state's private secretary that the secretary of state had no intention of withdrawing the appointment, and, in the circumstances, it was for the board ..... .) ltd. madras v. state of tamil nadu and ors. (1974) 55 f.j.r. 389, g. matukrishnan v. the administrative manager, new horizon sugar mills pvt. 1980-i l.l.j. 215 decided by a full bench consisting of ramaprasad rao (sic) and rimanujam, jj. and american express intel national banking corporation v. union of india .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]122CompCas854(All); (2004)2CompLJ105(All)
..... change in the financial position as would make the sanction to the scheme undesirable.52. however, an affidavit of harish k. vaid, the president (corporate) and company secretary of jpi has been filed in these proceedings, annexing thereto a copy of the balance sheets of jpi has been filed in these proceedings, annexing thereto a ..... rare to find unanimity in respect of decisions. people defer [differ?] in their knowledge, views, approach and consequently, in their decisions. the scheme of the companies act suggests that the majority decision should prevail unless that decision is oppressive to the minorities or unfair to the minority dissenters or for some reasons is not in public ..... an objection from the side of hbsl to the scheme on the ground that it involves merger of the holding company jpi into the subsidiary company jpc. the following decisions are precedents for such mergers: (a) a.w. figgis & co., in re (1980) 50 comp cas 95 (cal) ; (b) new vision laser centres (rajkot) (p) ltd., in .....
Tag this Judgment!Court : Allahabad
Reported in : [2008]141CompCas438(All); [2008]85SCL148(All)
..... of winding-up of the order, i.e., 21.12.93.by the same order dated 21.8.99 sri l.d. kaushik who has admittedly the secretary and manager of the company and who was acting as parokar of sri s.k. modi was required to submit statement of affairs within one month fixing 5.10.99. he thereafter, filed an affidavit ..... sub-section (2) of section 454 of the companies act, 1956 read with sub-section (30) of section 2 of the companies act, 1956, is supported by the following decisions:(i) devinder kishore mehra v. official liquidator and ors. [1980] 5o company cases 699 (delhi)(ii) lakshman narayan arora and ors. v. registrar of companies. bihar and ors. [1980] 5o company cases 536 (patna). 78. in devinder kishore mehra .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231
..... offered appointment 'in anpara project on casual/ ad hoc basis on a consolidated monthly emolument of rs. 400. appointment orders were issued by the company secretary/ ircon visualising in unambiguous terms that on satisfactory completion of training and on passing written and oral examination after the training, the petitioners would be ..... appropriate to express my views and findings on all issues framed by the apex court.15. the indian railway construction company limited (hereinafter referred to as 'company') is a company incorporated under the indian companies act, it is wholly owned by government of india and concededly it is an instrumentality of 'state' within the meaning ..... go' in relation to the petitioners vis-a-vis similarly engaged other employees of the company. respondent company being an instrumentality of 'state' within the meaning of article 12 of the constitution, was bound to act like an ideal employer and in consonance with the principle of equality enshrined in articles 14 .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)4CompLJ325(All); [2004]51SCL564(All)
..... of the companies act, 1956, the transferor companies produced the books of account and statutory records for scrutiny by the official liquidator on 28-5-2003 through sri ashish sabarwal, authorised representative. on scrutiny, it has been observed that both the transferor companies have maintained proper books of account and statutory records. the auditors of the companies and certificate issued by the qualified company secretary under section ..... 383a have given the clear report.'12.2 in paragraph no. (x) of the said report of the official liquidator, it is stated as follows :'that the scrutiny of the books of account and paper[s], the official liquidator submits that the affairs of both the transferor companies are not managed prejudicially to its .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2809; [2005]126CompCas858(All); 2005(31)PTC393(All)
..... temporary injunction against the appellant. it was supported with an affidavit. in the plaint, the respondent plaintiff pleaded that it was a limited liability company incorporated under the companies act with authority to the company secretary to sign and verify the plaint on behalf of the respondent-plaintiff. it was contended in the plaint that the plaintiff ..... company was manufacturer of pan masala, gutka in india and carrying on this business of sale of its product pan masala under the said ..... business or any other) will normally have attached to it a goodwill that the courts will protect. an action for passing-off will then lie wherever the defendant company's name, or its intended name, is calculated to deceive, and so to divert business from the plaintiff, or to occasion a confusion between the two .....
Tag this Judgment!