Court : Kolkata
Reported in : (1990)2CALLT114(HC)
..... 's application for enrolment as an associate member was rejected.3. the company secretaries act, 1980 came into force on and from january, 1981. by the said act the institute of company secretaries of india which was incorporated under the companies act, 1956 stood dissolved. it is further claimed by the petitioner that none the less the company secretaries (qualification) rules, 1975 dated 7th march, 1975 and a notification dated 15th ..... also claimed by the petitioner that the petitioner's application was pending when the said company secretaries act, 1980 came into force in january, 1981. therefore, under section 32(4) of the said company secretaries act, 1980 (hereinafter referred to as the said act) which, inter alia, provides that if, on the commencement of this act, any suit, appeal or other legal proceedings of whatever nature by or against the .....
Tag this Judgment!Court : Kolkata
Reported in : [1987]42CompCas466(Cal)
..... stood rejected.17. immediately thereafter on september 29, 1980, the petitioner moved this application under article 226 of the constitution challenging the said decision of the institute. during the pendency of this writ application, on january 1, 1981, the company secretaries act came into force. by the said act, the company which has known as the institute of company secretaries of india was dissolved and a body corporate ..... also known as the institute of company secretaries of india has been constituted. the new body corporate is the successor-in-interest of the .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]53CompCas36(Cal)
..... consent letter for an application under sections 397 and 398 by no stretch of imagination could be a ministerial or administrative duty of a secretary of a company within the meaning of the companies act.22. mr. nag very strongly relied on a single bench decision of the rajasthan high court in jaipur udyog ltd. v. union of ..... contracts, or other commitments on its behalf.'21. it is true that the said decision is before the 1974 amendment in the definition of 'secretary' under section 2(45) of the companies act, wherein the words 'any individual possessing the prescribed qualification' and 'any other ministerial or administrative duties' has been incorporated in the definition. but ..... ., in re [1900] 2 ch 230 at p. 236 (ch d). he submitted that giving consent under section 399 of the companies act, 1956, is not a statutory function of the secretary neither it is an administrative nor ministerial function. therefore, he submitted that such consent must be backed by the authority of the board .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)2CALLT467(HC),[1997]89CompCas415(Cal),[1997]225ITR858(Cal)
..... the same was not paid to the credit of the central government under section 200 of the act, by the company secretary through whose instrumentality the company acted and the word 'person' referred to in this section includes the principal officer of the company, i.e., the secretary, besides the company being also responsible for paying as laid down in section 204. it has also been held by ..... the learned advocates for both sides relying upon the decisions reported in [1989] cr. lr cal 171 ; [1992] 1 chn 299 and [1980] 1 chn 326, that as the substantive sentence of imprisonment cannot be imposed on the accused-company, being a juristic person, it will be an abuse of the process of the court, if such proceeding is continued against the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal74
..... been liable to in respect of liabilities lawfully incurred by the east india company, if the government of india act and this act had not been passed.32. mr. sircar contends that though there is no contractual relationship between plaintiff and the secretary of state, yet under section 32(1), the secretary of state has to be sued as a body corporate and under clause ..... individual could have entered upon in his ordinary business pursuits. if it is the former, the secretary of state is not liable, but if it is the latter he can be sued in the same way that the east india company could have been sued for acts done in their capacity as traders and not as the sovereign power.36. where commandeering orders .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal468,[1965(11)FLR167]
..... six statements of accounts from 15th june 1953 to 14th june 1959. no doubt, the letter of the 22nd march 1963 to the secretary of the institute by the registrar of the company said that those were not available in their office because they had not been taken on record as yet. upon that the disciplinary committee ..... 's duties alone are in question and not the general duty of the chartered accountant in the profession then which will be the forum. clearly the company court under the companies act should be the sole and exclusive jurisdiction to deal with the liquidator. the liquidator from that point of view is an officer of the court and ..... supreme court the liquidator had been discharged by the court and therefore there was no question of proceeding against the liquidator any more in the court under the companies act. again there was no question of another co-liquidator who was not a chartered accountant and who was equally responsible for the liquidation of its account. these therefore .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]59CompCas94(Cal),88CWN650
..... and irregularities found in the investigation under section 237(b) of the companies act. the petitioner company, however, wrote to the secretary to the government of india, ministry of law, justice and company affairs, explaining the allegations made against the company and its directors and the petitioner company contended in the said letter that the said allegations were baseless, unwarranted ..... bar in entertaining the writ petition. for this contention mr. banerjee has referred to a decision made in the case of shivratan g. mohatta v. state of rajasthan [1980] 45 stc 354 (raj). he has also referred to a decision of the supreme court made in the case of aflatoon v. lt. governor of delhi, : ..... was made for approval of the reappointment of the said sri ghosh as the wholetime director for a term of 5 years with effect from january 1, 1980. in respect of another whole-time director, sri anil bandhu majumdar, a similar application had also been made for approval of the reappointment as a .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN135
..... be proceeded with under section 628 of the act then none of the directors nor even the company can be proceeded with because balance sheet is signed by the secretary of a company. the matter of the fact is that the secretary who is an office bearer of a company and holds responsible position therein cannot without approval ..... been said to comprise managing director or managing directors, whole-time director or whole-time directors, the manager, the secretary, any person, in accordance with whose directions or instructions the board of directors of the company is accustomed to act and any person charged by the board with the responsibility of complying with provision and where a ..... who is the petitioner no. 2 herein. therefor since secretary or the manager of the company has not been made accused in the case managing director of the company cannot escape liability from the mischief of section 628 read with section 215(1)(ii) of the act. the section clearly implies that all the directors may .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT450(HC)
..... had been the owner of a commercial or non-residential property.22. 1980 act i,e. the great eastern hotel (acquisition of undertaking) act 1980 and 1976 act deal with two entirely different and independent sets of properties. 1980 act relates to and deals with the only property called as 'undertaking of the company'. 1976 act on the other hand is concerned with the only property called as 'government ..... notice was required before taking steps for eviction of unauthorised occupiers.' '(r) housing department, government of west bengal, the nodal department under the act, declared the member secretary, great eastern hotel authority, as the prescribed authority under the act for the concerned area. as the unauthorised occupants had failed to vacate the portions illegally occupied by them police assistance was also sought on .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal322,72CWN144,(1968)ILLJ643Cal
..... the hindusthan steel limited, which is a private limited company. of which there are three shareholders, namely the president and his two nominees who are secretaries of two ministries. it is thus a 'government company', as defined under section 617 of the indian companies act. the petitioners were drivers employed under the durgapur steel ..... namely (1) statutory corporations formed by and under special statutes, both parliamentary and state, (2) government departmental undertaking and (3) government companies under the companies act with special articles and memoranda. with regard to the first heading, the learned judge has referred to the instance of the calcutta state transport corporation ..... re v. s. hariharan, : (1960)illj164ap considered the question of the hindusthan shipyard ltd. this again is an example of a company registered under the companies act. where the government of india subscribed 80 per cent of the share capital and 10 out of 13 directors were nominated by the government .....
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