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Court : Kerala
Decided on : Feb-13-2003
Reported in : [2003]114CompCas777(Ker); [2003]45SCL170(Ker)
..... a representative of the life insurance. corporation of india as well which is an 18 per cent. shareholder of the company. the company also pointed out it has no intention whatsoever to sell any property of the company without obtaining prior approval of the debt recovery tribunal. if the petitioner, a solitary shareholder, has any grievance he has to move the company law board under sections 397 and 398 of the companies act, 1956, after getting sufficient majority as provided in the companies act. the annual general ..... or without modification the following resolution as an ordinary resolution. this resolution will be considered for passing by postal ballot method. please refer to note (1) herein below : 'resolved that, pursuant to section 293(1) and other applicable provisions of the companies act, 1956, the consent of the members of the company be and is hereby accorded, subject to applicable permissions, approvals, consents, if any, required of any other authorities, to the board of directors for sale, lease or dispose otherwise from time to time any part (including substantially the whole ..... every action taken by the board of directors it would lead to endless litigation and pin down the company within the four walls of a company court. the company court should shut its doors to them and deny entry.43. a division bench of our high court in r. r. rajendra menon (no. 2) v. cochin stock exchange ltd. [1990] 69 comp cas 256 held that the company court cannot exercise jurisdiction .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-13-2003
Reported in : 2003(2)AWC1321; [2003(97)FLR221]; (2003)IILLJ732All; (2003)2UPLBEC1147
..... under section 5a and section 5b respectively of the employees provident fund and miscellaneous provisions act, 1952 (19 of 1952). or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956) or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act, 1962 ..... not make arrangement to pay the gratuity within thirty days, when it becomes payable, the workman becomes entitled for interest. for ready reference section 7(3) and section 3a are quoted below :'7. determination of the amount of gratuity,--(1) a person who is eligible for payment of gratuity under this act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed for payment of such gratuity. (3) the employer shall arrange to pay the amount of gratuity .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-2003
Reported in : 2003(3)ARBLR325(SC); 2003(4)AWC3415(SC); JT2003(Suppl2)SC197; 2003(8)SCALE82; (2003)8SCC193; [2003]48SCL67(SC); 2004(1)LC391(SC)
ORDER1. The interpretation of Sub-section 3 of Section 16 of the Arbitration Act, 1940 (hereinafter called, for the sake of brevity, 'the Act') arises for consideration in this appeal, which arises out of the judgment and order dated 31st July, 1997 passed by the High Court of Bombay, Appellate Side, Panaji Bench, Goa in Appeal No. 7 of 1997.2. The appellant and the respondent herein entered into an agreement whereby and whereunder the appellant undertook to carry out certain constructions. The agreement also provided for resolution of dispute by an Arbitrator. It appears certain dispute arose as a result of which the appellant herein preferred a claim on 19th September, 1990 and subsequently on 26th October, 1990, first reference was made. On 12th March, 1991, the respondent herein terminated the agreement. As a result of termination of agreement, the appellant herein made another reference on 26th June, 1991 and put in second claim on 27th September, 1991. The Arbitrator appointed, w...
Tag this Judgment!Court : Gujarat
Decided on : Jun-26-2003
Reported in : [2004(101)FLR536]; (2004)1GLR160
Ravi R. Tripathi, J. 1. The present petition is filed by Saurashtra University and its Registrar challenging the order dated 4th December, 2001 passed by the Deputy Labour Commissioner, Saurashtra-Kutch at Rajkot making a Reference of the dispute mentioned in the Schedule attached thereto, and the order dated 7th March, 2002 passed by the Industrial Tribunal, Rajkot in Reference (IT) No.10 of 2002 directing the petitioner-University to maintain status quo qua the five workmen till the next date of hearing, issuing a show cause notice to show cause as to why the reliefs prayed for in the application be not granted and fixing the next date of hearing on 20th March, 2002. 2. The Civil Application No.1649 of 2003 is filed for a relief to issue an interim mandatory order to the opponents not to give effect to the show cause notice dated 19th February, 2003 in any manner, by terminating the services of the said five workmen, pending the hearing and final disposal of the Special Civil Applica...
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-2003
Reported in : 2003(6)BomCR219
A.P. Shah, J. 1. This petition under Article 226 is for the issue of appropriate writ, direction or order directing the Respondents to rescind and revoke the amendment effected to the Air India Employees Self Contributory Superannuation Pension Scheme as per the Deed of Variation dated 3.4.2002 and the letters dated 2.4.2002 and 3.4.2002 issued pursuant to the amended scheme requiring the pensioners to make payment of additional contribution towards annuities purchased for Respondent No. 3 Life Insurance Corporation of India and, to continue such annuities without any alteration to its terms and quantum and without any payment of additional contribution from the pensioners. The Petitioner Nos. 1 to 5 are the retired employees of the Respondent No. 2-Air India Limited. The Petitioner No. 6 is a registered association representing the retired pensioners of the Respondent No. 2. The first Respondent is the Air India Employees Self Contributory Superannuation Pension Scheme constituted by ...
Tag this Judgment!Court : Chennai
Decided on : Jun-17-2003
Reported in : 2004ACJ2125; AIR2003Mad382; 2003(3)CTC526; (2003)3MLJ110
ORDERS.R. Singharavelu, J. 1. The plaintiffs in O.S.No. 207 of 1986 on the file of Sub-Court, Namakkal, filed the above appeal. Pending appeal, the first appellant died. Her only daughter, the second appellant, i's already on record as her legal. 2. Appellants-plaintiffs filed the suit for recovery of money under the policy of Insurance and after due trial, the learned Subordinate Judge dismissed the suit, against which, the plaintiffs have preferred this appeal. 3. The plaintiffs had averred in their plaint as follows:One R. Muthusamy Gounder had taken a life insurance policy dated 7.2.1983 for a sum of Rs. 1.00 lakh in Policy No. 45149780 and on 24.1.1983, a sum of Rs. 7,770 was remitted towards premium for one year. He is the husband of the first plaintiff and father of the second plaintiff. The policy stood both in the name of said R. Muthusamy Gounder and his wife. He was in sound health all along. He suddenly died at Vadugam village of Rasipuram taluk on 8.12.1983. Since he did n...
Tag this Judgment!Court : Karnataka
Decided on : Aug-05-2003
Reported in : III(2004)ACC380; 2004ACJ591; ILR2004KAR249; 2004(1)KarLJ216
1. The appellant in this appeal is the Life Insurance Corporation of India. In this appeal the appellant has called in question the correctness of the order dated 25th July, 2000 made in Writ Petition No. 19596 of 1999 by the learned Single Judge.2. The facts in brief are as follows:The second respondent is an institution registered under the Karnataka Societies Registration Act. The object of the second respondent-institution is to promote Kannada literature and culture. The wife of the first respondent-Smt. Uma Iyer, expired on 29th June, 1998 (hereinafter referred to as 'the deceased employee'), while she was in the employment of the second respondent as a Stenographer. The appellant and the second respondent had entered into a scheme known as 'Group Savings Linked Insurance Scheme' (hereinafter referred to as 'the GSLI Scheme'), with effect from 20th September, 1989. The deceased was also admitted for the benefit of the GSLI Scheme. As per the terms of the GSLI Scheme, the second r...
Tag this Judgment!Court : Karnataka
Decided on : Jun-20-2003
Reported in : ILR2003KAR2898; 2003(5)KarLJ205
ORDERDattu, J.1. The respondent - Divisional Office of the Life Insurance Corporation of India ('the Corporation' for short) had invited applications for appointment to the posts of Typists and Sub-staff for its Raichur divisional office. In this Writ Petition we are only concerned with the appointments made to the post of Sub-Staff in the Corporation. In the employment notice, the qualification that was prescribed for the post of Sub-staff is that, the applicant should have passed IX standard examination and the candidates who have passed SSLC examination with less than 55% of marks in the aggregate were also permitted to participate in the selection process. 2. Petitioner who is a graduate, had stalked his claim by filling up the prescribed proforma application and filing the same before the respondent - Corporation Copy of the application is produced by the respondent - Corporation along with their statement of objection. The application requires to be filled by the applicants in th...
Tag this Judgment!Court : Jharkhand
Decided on : Apr-16-2003
Reported in : [2003(3)JCR68(Jhr)]
Amareshwar Sahay, J.1. This Letters Patent Appeal is directed against the judgment dated 6.9.2002, passed in CWJC No. 2534 of 1999 (R), whereby the learned Single Judge has allowed the writ application and has set aside the order of termination of the writ petitioner from the post of Apprentice Development Officer, Life Insurance Corporation of India, contained in Annexure-6 to the writ application and also directed the respondent-Life Insurance Corporation of India of consider the case of the writ petitioner for his appointment on the post of Probationary Development Officer.2. The brief facts are that the sole respondent, namely, Mohammad Khurshid, filed CWJC No. 2534 of 1999 (R), before this Court, stating, inter alia, that pursuant to the advertisement, he applied for recruitment to the post of Apprentice Development Officer. After qualifying in the written test and the interview he was selected for being appointed to the said post and accordingly letter dated 30.11.1992 issued und...
Tag this Judgment!Court : Karnataka
Decided on : Mar-17-2003
Reported in : ILR2004KAR1892; 2004(3)KarLJ310
ORDERV. Gopala Gowda, J.1. The petitioners are the registered Co-operative Housing Societies under the provisions of the Karnataka Co-operative Societies Act, 1959 and the Karnataka Co-operative Societies Rules, 1960 (for short, hereinafter called as 'KSC Act' and 'KCS Rules' respectively). They are aggrieved of the amendment to Section 38 by inserting proviso to the KCS Act by Act No. 6 of 2001. They have filed these petitions seeking for issuance of writ of certiorari to strike down Section 5 of the Karnataka Act No. 6 of 2001, by inserting the proviso to Section 38 of the KCS Act contending that the same is unconstitutional and further sought for such other directions or direction of this Court that it may deem fit to grant in the facts and circumstances of case.2. Certain necessary and relevant facts and the legal contentions urged by the petitioners are adverted to in this judgment for the purpose of considering and answering the points that would arise in these petitions by this ...
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