Court : Delhi
..... government . referring to the decision in the case of guru gobinda basu (supra) which was a case of a chartered accountant who was auditor of government companies and director with state government financial corporation, it was held that disqualification had indeed occurred.106. it was vehemently submitted that there was a difference between the ..... is obvious that the discretion is given to the election commission on the matter of procedure when it is required to give its opinion. the gnctd act and 1951 act did not deem it appropriate to prescribe a procedure. no statutory limitations and restrictions are postulated. this is appropriately left to the sagacity and wisdom ..... january, 2018 under section 15 (4) of the government of national capital territory of delhi w.p. (c) 750/2018+ connected page 5 of 79 act, 1991 ('gnctd act', for short) disqualifying them as members of the legislative assembly of the national capital territory of delhi, in view of the opinion of the election commission of .....
Tag this Judgment!Court : Delhi
..... government . referring to the decision in the case of guru gobinda basu (supra) which was a case of a chartered accountant who was auditor of government companies and director with state government financial corporation, it was held that disqualification had indeed occurred.106. it was vehemently submitted that there was a difference between the ..... is obvious that the discretion is given to the election commission on the matter of procedure when it is required to give its opinion. the gnctd act and 1951 act did not deem it appropriate to prescribe a procedure. no statutory limitations and restrictions are postulated. this is appropriately left to the sagacity and wisdom ..... january, 2018 under section 15 (4) of the government of national capital territory of delhi w.p. (c) 750/2018+ connected page 5 of 79 act, 1991 ('gnctd act', for short) disqualifying them as members of the legislative assembly of the national capital territory of delhi, in view of the opinion of the election commission of .....
Tag this Judgment!Court : Delhi
..... . we may also note that pw-1 did not initially have the courage to go to the police station in the first instance and had sought the company of idris. hence, to say that the natural conduct would have been to approach the higher officials is a fallacy.122. we proceed to appreciate the ..... to record it. 106. the law commissioner in its 152nd report relating to custodial crimes while reiterating the recommendation of inclusion of section 114b in the evidence act, further recommended legislative changes penalizing the refusal of officers recording information regarding cognizable offence and also recommended the formation of an alternative judicial crl.a. 54/2004, ..... the two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients. the trial court in that view of the matter acted mechanically for it framed an additional charge under section 302 ipc without adverting to the evidence adduced in the case and simply on the basis of the .....
Tag this Judgment!Court : Delhi
..... . we may also note that pw-1 did not initially have the courage to go to the police station in the first instance and had sought the company of idris. hence, to say that the natural conduct would have been to approach the higher officials is a fallacy.122. we proceed to appreciate the ..... to record it. 106. the law commissioner in its 152nd report relating to custodial crimes while reiterating the recommendation of inclusion of section 114b in the evidence act, further recommended legislative changes penalizing the refusal of officers recording information regarding cognizable offence and also recommended the formation of an alternative judicial crl.a. 54/2004, ..... the two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients. the trial court in that view of the matter acted mechanically for it framed an additional charge under section 302 ipc without adverting to the evidence adduced in the case and simply on the basis of the .....
Tag this Judgment!Court : Delhi
..... . we may also note that pw-1 did not initially have the courage to go to the police station in the first instance and had sought the company of idris. hence, to say that the natural conduct would have been to approach the higher officials is a fallacy.122. we proceed to appreciate the ..... to record it. 106. the law commissioner in its 152nd report relating to custodial crimes while reiterating the recommendation of inclusion of section 114b in the evidence act, further recommended legislative changes penalizing the refusal of officers recording information regarding cognizable offence and also recommended the formation of an alternative judicial crl.a. 54/2004, ..... the two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients. the trial court in that view of the matter acted mechanically for it framed an additional charge under section 302 ipc without adverting to the evidence adduced in the case and simply on the basis of the .....
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..... submissions, in support of the prayer for ad interim injunction made therein: (i) the notice, dated 8 august 2017 was in complete violation of the companies act, 2013, the companies fao (os) 253/2017 page 35 of 116 (management and administration) rules, 2014 and the secretarial standards on meetings of the board of directors and could ..... sought to add paras 12a to 12i. these paras went on to challenge the notice, dated 8thaugust 2017 supra as being in complete violation of the companies act, 2013, the companies (management and administration) rules, 2014 and the secretarial standards on meetings of the board of directors fao (os) 253/2017 page 33 of 116 and ..... , member of prabhat zarda factory (india) private ltd, hereby give notice pursuant to the provisions of section 169 (2) read with section 115 of the companies act, 2013 that i intend to move at the extraordinary general meeting (to be convened) of following ordinarily resolution that mrs chhaya devi be removed from the office .....
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..... and by itself points towards grave doubts about the acceptability of the prosecution version.315. the only possible explanation is that tikla (pw-9) and company were engaged in evolving a story to implicate sushil arora in the commission of the offence who they considered they could easily frame, perhaps intending to ..... necessary conditions for the application of section 34 of the code are common intention to commit an offence and participation by all the accused in doing act or acts in furtherance of that common intention. if these two ingredients are established, all the accused would be liable for the said offence . in that situation ..... (i) witnesses had adequate opportunity to confabulate (ii) evidence manifesting concert and intent to falsely implicate (iii) witnesses were either related or close associates and acting in concert they had the financial motive to implicate the appellants especially sushil arora 310. information with regard to the incident on the road in front of the .....
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..... (v) requisitioning public records or documents from any public office. the dg is further empowered by section 41(3) read with sections 240 and 240a of the companies act, 1956 to keep in its custody any books and papers of the person/enterprise investigated against / into for a period of six months and to examine any person ..... ) the supreme court, in rohtas industries (supra) and the calcutta high court in new central jute mills co. ltd. (supra), cited by the counsel for the respondent no.2 / complainant, also has held that an investigation against a public company tends to shake its credit and adversely affects its competitive position in the business world even though ..... may record that the compilation of judgments handed over by the counsel for respondent no.2 / complainant also contains copies of judgments in (i) new central jute mills co. ltd. vs. deputy secretary, ministry of defence air1966calcutta 151; (ii) rohtas industries vs. s.d. agarwal 1969 (1) scc325 (iii) emperor vs. khwaja .....
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..... a certified copy of a public document proved prime facie the truth of its contents. however, in view of the mandate of sections 159 and 164 of the companies act, 1956, the bombay high court was pleased to hold that prime facie the truth of contents was established.82. mr. khanna contends that the om prakash berlia ..... court has also observed at para 276. hence, printouts taken from the computers/servers by mechanical process and certified by a responsible official of the serviceproviding company can be led in evidence through a witness who can identify the signatures of the certifying officer or otherwise speak of the facts based on his personal ..... contents of an extract of annual returns certified to be true by the registrar under section 10 of the companies act, 1956 is prime facie established by it being exhibited as evidence. 80. after noticing various provisions of the evidence act, 1872 and judgments rendered by various courts on the subject, it was observed as under: 6. secondly .....
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..... a certified copy of a public document proved prime facie the truth of its contents. however, in view of the mandate of sections 159 and 164 of the companies act, 1956, the bombay high court was pleased to hold that prime facie the truth of contents was established.82. mr. khanna contends that the om prakash berlia ..... court has also observed at para 276. hence, printouts taken from the computers/servers by mechanical process and certified by a responsible official of the serviceproviding company can be led in evidence through a witness who can identify the signatures of the certifying officer or otherwise speak of the facts based on his personal ..... contents of an extract of annual returns certified to be true by the registrar under section 10 of the companies act, 1956 is prime facie established by it being exhibited as evidence. 80. after noticing various provisions of the evidence act, 1872 and judgments rendered by various courts on the subject, it was observed as under: 6. secondly .....
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