Court : Guwahati
..... 1919, which provides as follows: 'every person shall have the same remedies against the secretary of state in council as he might have had against the east india company if the government of india act 1858 and this act had not been passed.' 24. section 176, constitution act, (1935), is also to the same effect. it provides that the federation and a provincial govt. may ..... possessed of certain sovereign rights. the object of section 65 of the act of 1858 was to transfer to her majesty the possession of the government of british territories in india which were then held by the east india company in trust for the crown. that section provides that the secretary of state in council would sue and be sued as a body .....
Tag this Judgment!Court : Guwahati
Reported in : [2009]151CompCas583(Gauhati)
..... where he would have exercised his managerial function. on the other hand, if the acts are done, within the scope of an officer's duty, his act would become the act of the company. it is in this context that false purchase tax return made by the company secretary was attributed to the company itself in moore v. i. bresler ltd. [1944] 2 all er 515 ( ..... kb). in fact, in regina v. robert millar (contractors) ltd. [1970] 2 qb 54 (ca), the company was convicted of aiding ..... 1987] 168 hr 332 (ker), shree singhvi brothers v. union of india reported in : [1991] 187 itr 219 (raj) and kusum products ltd. v. s.k. sinha, ito reported in : [1980] 126 itr 804 (cal), came to take the view, in p.v. pai v. r.l. rinawma reported in : [1993] 77 comp cas 179 (karn) : [1993] 200 itr 717 : .....
Tag this Judgment!Court : Guwahati
..... of non information regarding filing of the writ petition petitioners claimed that notices were issued under certificate of posting to the directors and shareholders of the. company as per companies act as well as articles of association. further, petitioners denied all allegations made in the application. in his arguments mr. jain, counsel for the petitioners ..... undertaking' was taken over for the greater public interest of the state of assam. 16. respondent no. 2 -- the aseb, filed affidavit-in-opposition through its secretary supporting the contents of the affidavit of the respondent no. 1. the aseb denied all the allegations made against them in the writ petition. in their affidavit ..... complete by the year 1985 by taking loan from japan. originally the aseb (respondent no. 2) was entrusted with the project and work was started from 1980 but there was inordinate delay in execution of the works and only 50% of the work was done. consequently, further construction work of the project came .....
Tag this Judgment!Court : Guwahati
..... work order issued to saraswati press ltd. for preparing and supplying 23 lakh of photo identity cards. the commissioner and secretary has suggested that it may not be possible for those two firms i.e. baghmari tea company and lohia jute press to complete the entire job. i am in full agreement to it and, therefore, respondent ..... v. the international airport authority of india, reported in air 1979. sc 1628 and kasturi lal lakshmi reddy v. the state of jammu & kashmir, reported in air 1980 sc 1992.)27. the supreme court again in a very recent decision in tata cellular v. union of india, reported in (1994) 6 scc 651 dealt with ..... many tenderers who quoted the rates below the rate quoted by saraswati press ltd. were not given any chance for negotiation. all these only indicate that the authority acted arbitrarily in giving favourable treatment to said saraswati press ltd. and discriminatory treatment to other tenderers including the petitioners. therefore, it is unfair and violative of article .....
Tag this Judgment!Court : Guwahati
Reported in : AIR1996Gau72
..... work order issued to saraswati press ltd. for preparing and supplying 23 lakh of photo identity cards. the commissioner and secretary has suggested that it may not be possible for those two firms i.e. baghmari tea company and lohia jute press to complete the entire job. i am in full agreement to it and, therefore, respondent ..... v. the international airport authority of india, reported in air 1979. sc 1628 and kasturi lal lakshmi reddy v. the state of jammu & kashmir, reported in air 1980 sc 1992.)27. the supreme court again in a very recent decision in tata cellular v. union of india, reported in (1994) 6 scc 651 dealt with ..... many tenderers who quoted the rates below the rate quoted by saraswati press ltd. were not given any chance for negotiation. all these only indicate that the authority acted arbitrarily in giving favourable treatment to said saraswati press ltd. and discriminatory treatment to other tenderers including the petitioners. therefore, it is unfair and violative of article .....
Tag this Judgment!Court : Guwahati
Reported in : [2010]153CompCas579(Gauhati)
..... the aunt, would have received 200 shares each and the balance of 850 shares were to be placed in trust in long service of the employees of the company. the plaintiff's secretary wrote a letter to the plaintiff's aunt pointing out to her that the scheme would reduce the plaintiffs shareholding to less than 25 per cent, and, ..... rights of the contributories amongst themselves and to distribute the surplus among the persons entitled thereto.117. it may be noted that section 3(iii) of the companies act, 1956, defines private company to mean a company, which, by its articles, restricts the right to transfer its shares, if any, and limits the number of its shares to 50 (excepting employees and ..... the shareholder is a free right to transfer to whom he will, it is not necessary to seek in the articles for a power to transfer, for the act (the english act of 1980) itself gives such a power. it is only necessary to look to the articles to ascertain the restrictions, if any, upon it. thus a member has a .....
Tag this Judgment!Court : Guwahati
..... order and accordingly under the modal standing order, the age of retirement of its workmen should be 58 years.2. the petitioner is a private ltd. company registered under the indian companies act, 1956, and one of its factories is located at makum road tinsukia, assam. its factory is engaged in manufacturing and fabrication of steel items of ..... certified standing orders applicable to m/s. steels worth private ltd. dear sir,i am to inform you that the workers of your establishment represented by the general secretary of steels worth worker's union, have submitted a proposal for amending the provision relating to the age of superannuation of the workers. the copy of the said ..... the union has pointed out, was only by way of extension in appropriate cases.11. the respondent no. 3, i.e. the union represented by its general secretary has filed its affidavit in opposition denying the contentions raised in the writ petition. according to the respondent, the workmen go on retirement at the age of 58 .....
Tag this Judgment!Court : Guwahati
..... 17(4), which lays down that where an offence under the pfa 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, of any director, manager, secretary or other officer of the company, not being a person nominated under sub-section (2), 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. (see, in this regard, b. benarjee (supra).9. in short, thus, where a company has committed an offence under the pfa act, the person nominated under section 17(2) to be .....
Tag this Judgment!Court : Guwahati
..... has 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 ..... is not personally liable for commission of such an offence would be vicariously liable thereof. such vicarious liability can be inferred so far as company registration or incorporated under the company's act, 1956 is concerned only if the requisite statements, which are required to be averred in the corn-plaint petition are made so as to ..... any other person who is a director or a manager or a secretary or an officer of the company with whose connivance or consent or due to whose negligence the company has committed the offence can be proceeded against under the provisions of section 141 of the act.10. as per allegations made in the two complaint cases, the .....
Tag this Judgment!Court : Guwahati
..... placed on ext. 6, i.e., the certificate dated 18th may, 2000 issued by the president v.i.p. daily market committee and also countersigned by the secretary of the said committee certifying that the deceased, who was dealing with poultry and vegetable, earned about rs. 5000-7000 per month. mr. barua has further contended that ..... of rs. 2,98,300 including the no-fault liability, with interest @ 9% per annum. there being no dispute relating to the insurance coverage, the insurance company shall deposit the balance amount payable in terms of this judgment, before the learned member, motor accident claims tribunal, kamrup at guwahati.18. considering the facts and circumstances ..... an amount of rs. 2,000 and 5,000 towards funeral expenses and loss of consortium respectively awardable in terms of the second schedule to the motor vehicles act, 1988, the tribunal has already awarded excess amount and therefore the award of the tribunal merits no interference at the instance of the claimants.10. we .....
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