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 : Delhi
..... any of the reliefs sought in the petition for the following reasons: (i) the right to contest the election to the regional councils, being a statutory right created by the companies secretaries act, 1980 and the rules and regulations made thereunder, it is subject to qualifications and disqualifications prescribed therein. the law in this regard is well settled and has been reiterated in n ..... exceed rupees five thousand, and on application made and granted in the prescribed manner, be entered in the register as a fellow.7. as per section 9(1) of the company secretaries act, 1980, there shall be a council of the institute for the management of the affairs of the institute and for discharging the functions assigned to it by or under the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003CriLJ1047; RLW2003(4)Raj2618; 2002(5)WLC898
..... 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, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded againstand punished accordingly. explanation : ..... -at-will cannot effectuate the firm's dissolution as from an interior date. in m.o.h. uduman and ors. v. m.o.h. aslum, air 1980 1991 supreme court 1020, it was held that in view of the clear provision in partnership deed that partnership will continue till there are two partners, it is ..... 1. heard learned counsels for the parties and learned public prosecutor. 2. the complainant-respondent no. 2 filed a complaint under section 138, the negotiable instruments act, 1881 (in short the 'act 1881') against the accused petitioner in the court of learned judicial magistrate no. 1, jaipur city, jaipur on 21.4.1992 with the averments that the .....
Tag this Judgment!Court : Supreme Court of India
..... shri m.s. zohar, shri ved prakash, shri b.s. rambabu, shri b.s. srivastava, general manager and shri r. tyagrajan, agm as well as the general secretary to the board.10. at this stage, we may note that according to the prosecution, the usual procedure followed by the bank at the relevant time was that credit proposals ..... credit) and the executive director. a perusal of the memorandum placed before the respondent for sanction showed that as many as 14 public sector banks were lending to the company apart from an international private sector bank. the respondent's role was confined to signing the memorandum prepared by the senior officers and participating in the management committee meeting ..... respondent, he abused his official position as a public servant and indulged himself in mischief or criminal misconduct, as provided in section 13(1)(d) of the pc act. she submitted that criminal appeal no.2891 of 2023 page 4 of 11 at the stage of framing of the charge, the high court could not have gone .....
Tag this Judgment!Court : Karnataka
..... regard which is placed on record with appreciation. he relied upon the principles of law enunciated in the case of sri prashant rao v. the chief secretary government 21 of karnataka, w.p.no.21503/2022. the order dated 08.02.2024 in the said writ petition reads as under: heard shri ..... disposal: if authorized by the magistrate, the investigation officer may conduct the public auction through the mstc (metal scrap and trading corporation, a gol miniratha company) portal. the proceeds from the auction should be deposited into the account head specified by the jurisdictional magistrate. this procedure ensures that uninsured vehicles are managed ..... : i) removal of encroachments on the footpaths, pavements. ii) regulating street vendors as per the street vendors (protection of livelihood and regulation of street vending) act, 2014 and the karnataka street vendors (protection of livelihood, regulation of street vending and licensing) scheme, 2020. iii) action to be taken in respect of vehicles .....
Tag this Judgment!Court : Karnataka
..... machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the board, or with the government constituting the board, or with a local authority in the state, ..... ) 2 scc551, in support of his submissions including to substantiate that the order travelled beyond show cause notice. decision in s.l. kapoor v. jagmohan [(1980) 4 scc379 was pressed into service in which it was held that requirement of natural justice are met only if proper opportunity to represent is given in view ..... for any consequences. third notice was issued. (vii) the petitioner was disqualified as member and consequently removed/dismissed as chairman under section 6(2) of the act, in total disregard of natural justice, without framing charge and even without giving opportunity of hearing.6. for all the foregoing discussion and reasons, the petition succeeds .....
Tag this Judgment!Court : Supreme Court of India
..... act being committed, would be liable under this section. relevant portion thereof reads thus: 10. what is required is that the persons who are ..... a firm, means a partner in the firm. 67 ni act for short 59|slp(crl)4866/2023 49.1 in s.m.s. pharmaceuticals ltd. v. neeta bhalla68, a bench of three judges held that only a person who is in charge of the affairs of the company, i.e., a director, manager or secretary and alongside that was connected to the criminal .....
Tag this Judgment!Court : Supreme Court of India
..... compensation amount determined under the supplementary award dated 02.05.2022?. vii. analysis a. scheme of arrangement between the appellant and jal under sections 391 to 394 respectively of the companies act, 1956 21. an analysis of the scheme agreed between the appellant and jal as sanctioned by the nclt, mumbai and nclt, allahabad respectively is the key to determine who should ..... of compulsory acquisition needed to be invoked. furthermore, to invoke the provisions of compulsory acquisition, it was submitted vide this office letter no.2766 dated 06.01.2009 to pr. secretary (industries) gohp that the main dumping site of the project at baga - sehnali is situated above village bhalag and during the unprecedented i i heavy rain season of 2007 08 .....
Tag this Judgment!Court : Karnataka
..... be pinned when the person is in overall control of the day- to-day business of the company or firm. vicarious liability under sub-section (2) to section 141 of the ni act can arise because of the director, manager, secretary, or other officer's personal conduct, functional or transactional role, notwithstanding that the person was not in overall control ..... a point which when accepted will conclude the particular proceeding, cannot be held to be an interlocutory order. in v.c. shukla v. state [1980 supp scc92:1980. scc (cri) 695 : (1980) 2 scr380 this court has held that the term interlocutory order used in the code of criminal procedure has to be given a very liberal construction ..... it may be held that a revision petition is maintainable; iii) that the judgment in the case of v.c. shukla v. state through c.b.i. [1980 supp supreme court cases 92:air1980sc962 is not applicable to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of .....
Tag this Judgment!Court : Karnataka
..... be pinned when the person is in overall control of the day- to-day business of the company or firm. vicarious liability under sub-section (2) to section 141 of the ni act can arise because of the director, manager, secretary, or other officer's personal conduct, functional or transactional role, notwithstanding that the person was not in overall control ..... a point which when accepted will conclude the particular proceeding, cannot be held to be an interlocutory order. in v.c. shukla v. state [1980 supp scc92:1980. scc (cri) 695 : (1980) 2 scr380 this court has held that the term interlocutory order used in the code of criminal procedure has to be given a very liberal construction ..... it may be held that a revision petition is maintainable; iii) that the judgment in the case of v.c. shukla v. state through c.b.i. [1980 supp supreme court cases 92:air1980sc962 is not applicable to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of .....
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