Court : Karnataka
..... a person is nominated as a director of a company by virtue of his holding any office or employment in the central government or state government or a financial corporation owned or controlled by the central government or the state government, as the case may be, he shall not be liable for prosecution under this chapter. (2) ..... juristic person and it has its own respectability. if a finding is recorded against it, it would create a concavity in its reputation. there can be situations when the corporate reputation is affected when a director is indicted.43. in view of our aforesaid analysis, we arrive at the irresistible conclusion that for maintaining the - 62 - nc:2024 ..... c/w crl.p no.463 of 2018 10. thus the deeming provision under section 141 of the act applies to the company and person responsible for the acts of the company. section 141 clarifies that the company would mean any body corporate and would include a firm and "directors", in relation to firm, would also means a partners in .....
Tag this Judgment!Court : Karnataka
..... a person is nominated as a director of a company by virtue of his holding any office or employment in the central government or state government or a financial corporation owned or controlled by the central government or the state government, as the case may be, he shall not be liable for prosecution under this chapter. (2) ..... juristic person and it has its own respectability. if a finding is recorded against it, it would create a concavity in its reputation. there can be situations when the corporate reputation is affected when a director is indicted.43. in view of our aforesaid analysis, we arrive at the irresistible conclusion that for maintaining the - 62 - nc:2024 ..... c/w crl.p no.463 of 2018 10. thus the deeming provision under section 141 of the act applies to the company and person responsible for the acts of the company. section 141 clarifies that the company would mean any body corporate and would include a firm and "directors", in relation to firm, would also means a partners in .....
Tag this Judgment!Court : Karnataka
..... insure his vehicle, he is - 12 - nc:2024. khc:38401 mfa no.11440 of 2011 c/w mfa no.206 of 2018 visited with the consequence of paying the compensation by himself, apart from other actions for his infraction.13. in cases of accidents arising out of the use of a motor vehicle, the motor vehicles act, 1988 ( the mv act ..... the multiplier should be enhanced to 24-25 years. further, according to him, while calculating the compensation, the amount payable towards dependency should be increased as the life expectancy is up to 70-75 years and secondly, after 10 years of earning capacity it should be doubled in view of escalation of cost of living and progressive ..... as was enacted in 1994 has now become redundant, irrational and unworkable due to changed scenario including the present cost of living and current rate of inflation and increased life expectancy. ************* 58. the central government was bestowed with duties to amend the second schedule in view of section 163-a(3), but it failed to do .....
Tag this Judgment!Court : Karnataka
..... insure his vehicle, he is - 12 - nc:2024. khc:38401 mfa no.11440 of 2011 c/w mfa no.206 of 2018 visited with the consequence of paying the compensation by himself, apart from other actions for his infraction.13. in cases of accidents arising out of the use of a motor vehicle, the motor vehicles act, 1988 ( the mv act ..... the multiplier should be enhanced to 24-25 years. further, according to him, while calculating the compensation, the amount payable towards dependency should be increased as the life expectancy is up to 70-75 years and secondly, after 10 years of earning capacity it should be doubled in view of escalation of cost of living and progressive ..... as was enacted in 1994 has now become redundant, irrational and unworkable due to changed scenario including the present cost of living and current rate of inflation and increased life expectancy. ************* 58. the central government was bestowed with duties to amend the second schedule in view of section 163-a(3), but it failed to do .....
Tag this Judgment!Court : Supreme Court of India
..... of possessory owner as obtaining under section 2 (19)3 of the motor vehicles act, 1939 is no longer available under the m.v. act, 1988 since the definition of owner has undergone a sea change. (vi) the judgment of this court in rajasthan state road transport corporation vs. kailash nath kothari & ors.4 was based on the definition of owner ..... page 10 of 25 filed. however, sub section (1) of section 168 by providing that the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident, gives sufficient indication on whom the liability for compensation would fall.14. in godavari finance company v. degala ..... as in the event the owner of the vehicle is found to be liable, it would have to reimburse the owner in as much as a vehicle is compulsorily insurable so far as the third party is concerned, as contemplated under section 147 thereof. therefore, there cannot be any doubt whatsoever that the possession or control of a .....
Tag this Judgment!Court : Supreme Court of India
..... the title deeds or registered title document. however, the 3-judges bench in syndicate bank v estate officer and manager (recoveries), andhra pradesh industrial infrastructure corporation limited, (2021) 3 scc736was 20 of the opinion that the reference need not be answered in the peculiar facts and circumstances of the case since in ..... regarding the security, is also necessary and operates to create the charge in conjunction with the deposit, it requires registration under section 17 of the registration act, 1908, as a non- testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees and upwards. the ..... a conclusion about the existence or non-existence of disputed facts. though, in the definition of the word evidence given in section 3 of the evidence act one finds only oral and documentary evidence, this word is also used in phrases such as best evidence, circumstantial evidence, corroborative evidence, derivative evidence, direct .....
Tag this Judgment!Court : Supreme Court of India
..... shall place the recommendation of committee of creditors made under subregulation (1) of regulation 39c of the insolvency and bankruptcy board of india (insolvency resolution process for corporate persons) regulations, 2016, before the consultation committee for its information. (9) the consultation committee shall advise the liquidator, by a vote of not less than ..... the appellant sought to distinguish the judgments of this court relied on by the other side including in the case of yashowanta narayan dixit v. orient insurance company limited39 and the orders passed on 2nd march, 2020 and 12th may, 2020 in civil appeal no.1902 of 2020. relying on the decision ..... subject to the directions of the adjudicating authority . the liquidator, in other words, exercises functions which have been made amenable to the jurisdiction of nclt, acting as the adjudicating authority .. . 35.16 in the facts of the present case, the adjudicating authority exercised statutory powers under section 35 of the ibc .....
Tag this Judgment!Court : Supreme Court of India
..... mmdr act, mines and minerals (development & regulation) act, 1957 p.c. act prevention of corruption act abbreviations of companies aepl m/s aryan energy private limited emta m/s eastern mineral and trading agency gcwl m/s gupta coalfields and washeries limited kecml m/s karnataka emta coal mines limited kpcl m/s karnataka power corporation limited ..... are (sic is) well- established. thus, there is an integral provision of power-cum-procedure which answers with the desideratum of article 21 justifying deprivation of life and liberty. [emphasis added]. in a concurring judgement in the captioned case, it was further observed that:21. plainly, the jurisdiction conferred by article 136 ..... . the judicial power reaches out to every judgment, decree, determination, sentence or order affecting the rights and obligations of persons in civil matters, of life and liberty in criminal matters as well as matters touching the revenues of the state. it is an attempt to ensure that the foundations of the indian .....
Tag this Judgment!Court : Supreme Court of India
..... be created in one of two ways. it may be either established by statute or incorporated under a law such as the companies act, 1956 or the societies registration act, 1860. where a corporation 6 (1981) 1 scc7227 (2002) 5 scc11116 is wholly controlled by government not only in its policy-making but also in carrying out the functions ..... of service book (till 6th cpc) yes yes acp for higher pay scale yes yes promotions yes yes 9 member of ssd provident fund yes yes member of group insurance policy yes yes cghs facility (at new delhi) no yes medical facility at military hospital yes yes 14. learned counsel further contended that the responsibility to devise a ..... . in either case, it should have been entrusted with such functions as are governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence governmental. such authority would be the state, for, one who enjoys the powers or privileges of the state must also be subjected to .....
Tag this Judgment!Court : Karnataka Dharwad
..... event and is applicable only to some contingency or act to occur in future. we have to consider how far the legislature has controlled the insurance business. section 2(9) of the insurance act defines insurer, inter alia, as anybody corporate carrying on the business of insurance which is a body corporate incorporated under any law for the time being in ..... force in india. section 2(d) of the act says that every insurer shall be subject to all the provisions ..... kagawad road, the driver of tractor bearing reg.no.mh-10-s-5993 drove the same in a rash and negligent manner, so as to endanger human life, came from the opposite direction and dashed to the jeep. it is further averred that due to the impact of the accident, one of the inmates of .....
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