Court : Gujarat
Reported in : 2012(3)LLN606
..... fell on deaf ears. it was also pointed out that the inquiry officer mr.p.k.gupta was himself involved in serious offences under the prevention of corruption act, indian railways act and also under the banking regulations and, hence required to be placed under suspension and, therefore, was required to be replaced. in fact, the case from ..... the beginning was surrounded by suspicious circumstances. the bank officials came to ahmedabad while in the company of mr.sharma who was interested party and who had purchased the building in question after the officials in principle agreed to hire that building. it is also ..... order has been rightly quashed by the learned single judge. 8. the main question for consideration before this court is whether the provisions contained in the indian evidence act, service rules applicable to the employees of the appellant bank and the principles of natural justice have been violated in this case ? 9. one of the .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ518; (2008)1GLR835
..... murder but is a murder simplicitor, while if the cause of murder or act of murder was originally not intended and the same was caused in furtherance of any other felonious act then such murder is an accidental murder.11. in challis v. london and south western railway company (1905) 2 kb 154, the court of appeal held where an engine ..... with the claimant.6. at this stage it would be worthwhile to refer to the decision of the apex court in case of rita devi and ors. v. new indian assurance company limited and anr. reported in : (2000)illj1656sc , wherein the apex court had an occasion to consider the question of jurisdiction of the tribunal in a case where the ..... 'arising out of' has a wider connotation. the expression 'caused by' was used in sections 95(1)(b)(i) and (ii) and 96(2)(b)(ii) of the act. in section 92a, parliament however, chose to use the expression 'arising out of' which indicates that for the purpose of awarding compensation under section 92a, the casual relationship between the .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]149CompCas625(Guj)
..... assistance to the state. in that case, the official liquidator included the depositor's claim in the list of preferential claims under section 234 of the indian companies act. it was treated as an admission and the court took the view that the official liquidator could not disclaim responsibility for the notes. even otherwise, the ..... of an employee were not traceable, but the official liquidator included the depositor's claim in the list of preferential claims under section 234 of the indian companies act, it amounted to an admission that the proceeds of those notes were included in the bank's moneys and the official liquidator could not disclaim responsibility ..... over all other dues in view of the said dues being crown dues which would have priority over all creditors including secured and unsecured creditors under the companies act, 1956.3. company application no. 83 of 2008 is filed by triveni builders, the auction purchaser seeking direction to the respondent nos. 2 & 3 i.e. officials .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj113; (1987)1GLR437
..... act, 1949. the new legislation was necessary in view of the fast changing socio-economic scenario of the country ..... section 617 of the companies act, 1956. it may also be noted that in view of this statutory provision, an employee of such bank is a 'public servant' as defined under section 21(12)(b) of the indian penal code. 38. prior to independence, the banking companies were being governed by the provisions in the indian companies act, 1913. later on, the banking companies of the banking regulation .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj97
..... indian penal code, the supreme court said:-'according to this clause, every officer in the service or pay of the government or remunerated by fees or commission for the purpose of any public duty would be a public servant. a person who is directed to investigate into the affairs of an insurance company under section 33(1) of the insurance act ..... the government; (b) in the service or pay of a local authority, a corporation established by or under a central, provincial or state act or a government company as defined in section 617 of the companies act, 1956 (i of 1956).' it will be noticed that under clause (a) of the said clause which now corresponds to the last ..... a local authority or (ii) of a corporation engaged in any trade or industry which is established by the central provincial or state act or of a government company as defined in sec.617 of the companies act, 1956. it is not the contention of the learned assistant government pleader that accused no. 1 would fall in the second category .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj269; [1962]32CompCas970(Guj); (1962)0GLR165
..... of members. the petitioner made various allegations in the petition in support of the grounds on the basis of which he claimed the relief under section 153c of the indian companies act, 1913, or in the alternative the relief of winding up. i shall consider those allegations in detail when i deal with the arguments advanced in support of the ..... it emerged after this meeting of the share holders held on 8th october 1960.13. the main relief sought in the petition was under section 153-c of the indian companies act, 1913, and the relief of winding up was only an alternative relief. the learned advocate general who appeared on behalf of the petitioner did not press for the ..... relief under section 153-c of the indian companies act, 1913, but confined his arguments to the alternative relief for winding up. this he could do because even for claiming relief under section 153-c of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... regarding the satisfaction of the central government in the context of exercising the power of approval of the appointment of managing agent of a company under section 326 of the indian companies act, 1936, at page 1792:the satisfaction contemplated by section 326 must, therefore, be the result of an objective appraisal of the relevant ..... materials. the reason is clear. by section 126 several restrictions upon the power of the companies and individuals to carry on business are imposed in the ..... a resolution to implement the agreement. a couple of years later, the successor municipality governed by the maharashtra municipalities act, sought to levy octroi duty and to recover it from the company. the company moved a petition under article 226 of the constitution and it was dismissed in limine by the high court. in .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR910
..... workers' unions, namely, praga tools employees' union, agreeing to retrench about 92 workmen, the supreme court held that the company being registered under the companies act and governed by the provisions of the said act and not being an authority within the meaning of article 12 of the constitution, was not amenable to the writ jurisdiction. the ..... obtain appropriate directions from the competent authority by satisfying it that there is adequate excuse for nonperformance of the public duty. section 11 of the indian trusts act cast an obligation on the trustees to fulfil the purpose of the trust and to obey the directions of the author of the trust given at ..... wrongs under our conditions. heritage cannot hamstring nor custom constrict where the language used is wisely wide. the british paradigms are not necessarily models in the indian republic. so broad are the expressive expressions designedly used in article 226 that any order which should have made by the lower authority could be made .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)2GLR1222
..... only because of the parties joined, but also because of the factual background which they share in different complaints allegedly constituting the offence under either the companies act or under the indian penal code.2. as many as 19 accused came to be joined in different complaints in respect of which, in all, aforesaid 13 petitions have been ..... and its directors from nos. 2 to 6 could not be held responsible.6. so far as the complaints are concerned, either it be under the companies act or under the indian penal code, the averments made are identical and except for the change to be found as to the reference of provisions constituting the alleged offences either under ..... the companies act or under the indian penal code and this is the only difference to be found between the two sets of complaints.7. in this background, all the matters are .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1707
..... appeal against such an order is maintainable. of course, in that case, an appeal against such an order had been filed under the provisions of section 202 of [the indian] companies act, 1913. the said section read as under:202. appeals from orders.- re-hearings of, and appeals from, any order or decision made or given in the matter of ..... the case of shankarlal aggarwala and ors. v. shankarlal poddar and ors. : [1964]1scr717 . after discussing about the controversy relating to scope and ambit of section 202 of companies act and divergent views of different high courts on this issue, the hon'ble supreme court has observed that, we thus agree with chagla, c.j. that the second part ..... subject to which appeals may be had from any order or decision of the same court in cases within its ordinary jurisdiction. 19. section 202 of the companies act, 1913, dealt with any order or decision which could have been subject-matter of an appeal. similarly, if one looks at the provisions of section 19 of the .....
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