Court : Mumbai
Reported in : AIR1936Bom453; (1936)38BOMLR956; 165Ind.Cas.901
..... the school board is also authorised by the same rule to deposit part of the fund in the post office savings bank or to invest it in post office cash certificates or in government securities. ..... the question in this case is whether the chairman of a district school board is a public servant not removable from office save by or with the sanction of government, so that he cannot be prosecuted for any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty without the previous sanction of the local government under section 197 of the criminal procedure code.2. ..... the question in this case is whether the chairman of the district school board, ratnagiri, is a public servant not removable from his office save by or with the sanction of the local government, and is therefore protected from prosecution for an offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty. ..... with regard to his liability for removal from office with the sanction of the local government, it is sufficient to say that, in the absence of any provision for the removal of the chairman qua chairman either in the body of the act or in the rules, the only provision under which his removal can take place is the provision contained in rule 13 (a). .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2003Bom452; 2003(5)BomCR457; 2004(1)MhLj56
..... 12 of the government savings certificate act. ..... following types, namely :-- (a) single holder type certificates; (b) joint 'a' type certificates; and (c) joint 'b' type certificates (2) (a) a single holder type certificate may be issued to :-- (i) an adult for himself or on behalf of a minor or to a minor; (ii) a banking company excluding a cooperative bank; (iii) a company; (iv) a corporation; (v) an association, institution or a body registered as a society under any law for the time being in force excluding co-operative society; (vi) a firm; (vii) a local authority; (viii) a trust. ..... desiring to purchase a certificate, may present at a post office an application in form 1, either in person or through an authorised agent of the small savings schemes, payment for the purchase of the certificate may be made in the manner and the mode provided in rule 7 on payment being made under rule 7 ..... the above, the writ petition is allowed and the respondents are directed to make the payment of the amount of the aforesaid national savings certificates within a month from the date of production of a certified copy of this order after calculating the total amount as on the ..... it is submitted that vide notification published in gazette of india extraordinary on 8th march, 1995, effective from 1st april, 1995, amendment in the national savings certificate (viii issue), rules 1989 took place and thereby a single holder type certificate could only be issued to (i) an adult for himself or on behalf of a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1982KAR622; (1982)ILLJ268Kant
..... conditions having regard to its nature of duties and duration, in respect of persons appointed to its regular service and posts, the conditions of service of persons appointed to such posts have to be governed by the rules which may be framed and altered unilaterally by each of the companies having due regard to the exigencies of public employment and applied to its employees, which of course must conform to ..... (ii) rule 20.1 of the hindustan machine tools (conduct, discipline and appeal) rules; (iii) rule 2.21 of the karnataka agro-industries corporation limited (recruitment and promotion) rules; and (iv) regulation 25(2) of the reserve bank of india (staff) regulations, 1948, (hereinafter referred to as 'the impugned rules' o providing for termination of service of its permanent employees, by a simple notice, at any time, without fixing any period ..... tools limited; (iii) the karnataka agro industries corporation limited, which are companies incorporated under the companies act, 1956 (central act 1 of 1956) and are government companies as defined in section 617 of the said act, fall within the meaning of the word 'state' as defined in article 12 of the constitution of ..... respondents in their attempt to save the rules argued that the ..... to defeat the object and purpose of the rules of which it is a part and confers wide power, to pick and choose to favour or discriminate against, any individual among many, it cannot be saved on account of the use of the word 'public interest'. ..... save ..... save .....
Tag this Judgment!Court : Karnataka
Reported in : 1965CriLJ565
..... plea taken by the accused is that as he is a public servant who is not removable from his office save by or with the sanction of the state government and as the alleged offences for which he is prosecuted, even assuming the prosecution case to be true, were committed by him while acting or purporting to act in the discharge of his official duties could not have been taken cognizance of without the sanction of the state government as required by section 197(1) cr.p.c.7. ..... not give him any invoice, he merely asked him to take the balance amount, after leaving the amount in the imprest account, to the bank of mysore; when he took that amount to the bank, the cashier of the bank wanted him to give a detailed statement showing the amount under different denominations and that is the reason why he gave ex. p-5. ..... the accused, if he had any guilty conscience he would not have given a true statement on that day, particularly when he knew that the bank was bound to take several days to verify the contents of the consignments sent, there is some force in this contention. ex. ..... wants the court to believe that he did not care to get any provisional receipt from the bank on that day or the next day as he was told by the accused that the cashier of the bank had told him (the accused) that he would send the provisional receipt in due course. ..... not given any satisfactory explanation as to why he did not send to the bank the balance amount remaining in the treasury on 29.6.1953 even after getting ex. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD516; 2003(4)ALT177
..... the opinion of the registrar, a co-operative spinning mill or a co-operative sugar factory in which majority of the shares are held by the government, is or has become sick and that there is no possibility to rehabilitate the same, the registrar, shall, after consulting the government and the financing bank, if any, to which such spinning mill or sugar factory is indebted, call upon the committee concerned by notice in writing containing such particulars ..... the supreme court in the said decision, considered the constitutional validity of section 14-b of the employees provident funds and miscellaneous provident funds act, 1952, which confers power upon the provident fund commissioner or such other officer as may be authorised by the central government by notification to recover damages from the employer making default in payment of any contribution to the fund, which of course provided for a ..... firm or a body whether incorporated or not on such terms and conditions as may be formulated in the manner prescribed, and on such transfer the society formed for such spinning mill or sugar factory under this act shall stand dissolved;(b) if, within the time specified in the notice referred to in clause (a), the society fails to comply with the direction of the registrar, he shall after giving an opportunity in the manner ..... would render any assistance whatsoever in order to conclude that section 12-a of the act deprives or takes away the petitioners' property save by authority of law.29. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All474
..... the execution court recorded the finding that there was no charge in favour of the bank and that government dues had a priority over the bank's dues and that after the satisfaction of the government dues there shall he no money belonging to mohammad ismail in the hands of military authorities. ..... we are, therefore, unable to agree with the learned counsel that article 372 would not save this principle of english law.it is not necessary for us to go into the question as to why this principle of english law had been accepted in this country and became a part of the law of india. ..... law giving the crown debts priority was so well accepted, it would not have been necessary to specifically provide for the same in the shape of some statutory provisions such as are to be found in the indian companies act or in the laws relating to land tenures in the various states. ..... the statutory provisions which have recognised and enforced this right have been introduced to define the scope of that right with regard to the scheme of the particular act in which they find place. ..... there is statutory provision in england contained in the law of property act, 1925, in respect of legal assignment. ..... zamindari abolition and land reforms act as arrears of land revenue. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC1926
..... 60,000 in banaras state bank limited, but the impugned government notification states that the depositor can only withdraw ..... the people, who have worked hard throughout their life and saved some money for their old age, are suddenly being told that they cannot withdraw ..... is permitted to move amendment application to challenge the notification of the central government dated 22.2.2002, annexure-5 to the writ petition. ..... been informed that a large number of banks situated in hyderabad, nagpur, kashiram bankat shahjahanpur, bareilly corporation bank and the banks in cooperative sector and other banks and institutions are defaulting. ..... helm of affairs of these organisations apparently have committed large scale fraud and bungling, but are roaming free instead of being given harsh punishment, while the small men's deposit of their hard earned savings have suddenly gone with the wind, or is indefinitely postponed. 5. ..... no doubt section 45(2) of the banking regulation act, 1949, states that the total period of moratorium shall not exceed six ..... section 45(3) of the act states that during the period of moratorium, payment may not be made to the depositor and under sub-sections (4) and (5), the reserve bank can prepare a scheme in this connection for reconstruction ..... however, under section 45(5)(g)(h) of the banking regulation act, 1949, immediately after expiry of six months from the order of moratorium, the depositor must be paid the entire amount deposited in cash with interest as prescribed by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP334
..... , then proceedings shall be taken for recovery of the balance as arrear of land revenue:provided that where the collector is of the opinion that it is necessary so to do for ensuring the recovery of the sum due to the state government or to a corporation a government company or a banking company, as the case may be, he may for reasons to be recorded, direct proceedings to be taken for recovery of the sum due, as arrear of land revenue before or at the same time the proceedings to be taken for sale ..... a combined reading of sub-section (2) and clause (b) of the saving section 4 of adhiniyam makes it clear that where the property of any person (defaulter) referred to in section 3 is subject to any mortgage in favour of the state government, a corporation, a government company or a banking company then in every case of a mortgage on immovable property, such property, or the interest of the defaulter therein shall first be sold in proceedings for recovery of the sum due from that person as arrear of land revenue ..... the bank, therefore, initiated recovery proceedings against them under the provisions of madhya pradesh co-operative societies act, 1960 but did not pursue the proceedings and instead it took recourse for recovery of dues under the provisions of the madhya pradesh lok dhan (shodhya rasshiyon ki vasuli) adhiniyam, 1987, (in short, 'the ..... principles have also been applied in resolving a conflict between two different acts. ..... -a was substituted in the code by madhya pradesh act no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2010Ori26
..... amount, in shape of post office saving bank account/nsc/post office time deposit account/kvp/deposit receipt of scheduled bank duly pledged in favour of the e ..... cost by more than 10%, in such an event the successful bidder will deposit the additional performance security to the extent of the differential cost of the bid amount and 90% of the estimated cost in shape of post office savings bank account/national savings certificates/post office time deposit account/kissan vikash patra/deposit receipt of scheduled bank.8. ..... petition, are as follows:the executive engineer, salandi canal division, bhadrak on behalf of the governor of orissa published a tender call notice inviting applications from the eligible class of contractors registered with the state government for giving their item rate bids for construction of 14 (fourteen) items of works indicated in the said tender. ..... 30,000/- towards additional performance security in the shape of national savings certificate, on calculation; he found that the exact amount comes to ..... the instructions given by the government to the works department are codified in orissa public works department code (vol. ..... if the petitioner had already prepared the bank draft for additional amount on 15-10-2008, he could have easily submitted the same along with the tender ..... government ..... 000/- towards the differential price in shape of national savings certificate. ..... subordinate how to act in certain circumstances but such instruction cannot be treated as statutory .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1999]236ITR281(P& H); (1998)119PLR564
..... such person and in the cases referred to in section 194, the principal officer and the company of which he is the principal officer does not deduct or after deducting fails to pay the tax as required by or under this act, he or it shall, without prejudice to any other consequences which he or it may incur, be deemed to be an assessee in default in respect of the tax : provided that no penalty shall be charged under section 221 from such person, ..... was nothing before the employer to raise a suspicion that investments were not made by the employees from their past or current savings, even if there was a reason to raise a suspicion, the employer could not go any further to enquire into the ..... provides that where a person defaults in the fulfilment of the obligation to deduct tax at source and to pay it to the credit of the central government within the prescribed time, he will be treated as an assessee in default in respect of the tax. ..... was, therefore, issued to the bank requiring it to prove the source of investment in savings made by two employees, shri ..... nothing to enable the assessing officer to hold that the petitioner-bank had, without good and sufficient reasons failed to deduct and ..... claimed rebate under section 88 of the act on different savings including those made in the n. s. ..... it is also explained in the reply that notices under section 147/148 of the act have been issued by the concerned assessing officer to the two employees in question for verifying the rebate allowable for .....
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