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The India Cements Limited Represented by Its Managing Director Vs. Dir ...

Court : Chennai

Reported in : (2001)3MLJ484

..... of the board of directors says that an officer or employee other than one of its directors shall have the ultimate control over the affairs of the factory, it would only be a camouflage or an artful circumvention because the ultimate control cannot be transferred from that of the company, to one of its employees or its officers, except where there is a complete transfer ..... and health of workers particularly in case of factories which deals with hazardous materials and the escape routes which the employers had found to shift their responsibilities on some employee or the other and escape punishment and penalty led to the amendment act of 1987 which inter alia amended section 2(n) and deleted section 100 by inserting section 7-a, ..... in operating, servicing, maintaining or repairing any part of any machinery used in or about the mine;(iv) in operations, within the premises of the mine, loading for dispatch of minerals;(v) in any office of the mine;(vi) in any welfare, health, sanitary, or conservancy services required to be provided under this act, or watch and ward, within the premises of the mine excluding residential area; ..... punishment for breach of some of the provisions of the act, instead of nominating a director as the occupier, used to nominate some other employee or officer as an occupier of the factory and, thus, whenever any violation of the act was committed, it was that employee or officer who was subjected to penalty and punishment and not the director or any one of them. .....

P. Venkatakrishna Reddy Vs. Registrar of Companies

Court : Chennai

Reported in : [1996]85CompCas572(Mad)

..... in this context it is meaningful to advert to sub-section (2) of section 209a which reads as follows : 'it shall be the duty of every direction, other officer, or employee of the company to produce to the person making inspection under sub-section (1), all such books of account and other books and papers of the company in his custody or control and to furnish ..... the managing director and directors of the company to be carried out and administered in pursuance of the company law, they failed to produce the books of account maintained to the authorities concerned when they inspected the registered officer of the company from august 1, 1985, to august 3, 1985, that the failure to do so clearly amounts to an offence as contemplated under section 209a of the act, that the offence has been materialised by ..... this sub-section (2) has cast the mandatory duty on the inspecting officers to require all the books of account and papers of the company to be produced by the company or its employees specifying the time within which they should produce and the place for the production ..... therefore, it has become imperative on the part of the inspection officers constituted under the company law, where no books of account and papers of the company were produce before them for inspection, to require the company or its employees to produce such books of account or the papers of the company within such time as they may think fit and fixing the place to comply with the same by specifying the above said .....

Arumozhi and ors. Vs. the Joint Registrar of Co Operative Societies an ...

Court : Chennai

..... deputy registrar of co-operative societies, namakkal, reported in [2006(4) ctc 689].11.subsequently, the issue similar to the writ petitions were entertained on the basis that the state had provided employment guaranteed for such retrenched employees, the matter was taken before the full bench in r.radhakrishnan vs deputy registrar of co-operative society, dindigul reported in 2007 4 lln 68 and the same was negatived.12.in the light of the same, the writ ..... therefore, the reliance placed upon by the petitioners has no relevance to the case on hand.8.the petitioners having been retrenched employees of liquidated society without there being any rule under which, they can be absorbed in any co- operative society, they have not made out a case for entertaining these writ petitions.9.the second ..... of 2010, a counter affidavit has been filed by the 5th respondent, the special officer, twad employees co-operative thrift and credit society, thanjavur. ..... the first writ petition, the prayer of the petitioner was that the fourth respondent co-operative society (wrongly shows as fifth respondent) to absorb by treating him as surplus employee of the third respondent society namely, enam arulmozhipettai tenant co-operative farming society ltd. ..... the second petitioner is working as clerk in the thanjavur district educational employee's co- operative thrift and credit society, thanjavur and third petitioner is working as salesman in the thanjavur agricultural producer co-operative marketing .....

M.K. Chandrakanth Vs. Kannan

Court : Chennai

Reported in : [1994]80CompCas307(Mad); (1995)IILLJ1198Mad

..... it reads as follows : '(1) if any officer or employee of a company - (a) wrongfully obtains possession of any property of a company, or (b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles and authorised by this act.' 6. ..... i am clear that, by no stretch of imagination, a 'distributor' can be brought within the category of any 'officer' or 'employee of the company'. ..... the accused must be an officer or employee of the company. 2. ..... shenthil traders which can be substantiated by the office account books of asoka betel-nut co. p. .....

A. Sanjeevi Naidu and ors. Vs. the Madras State Transport Undertaking ...

Court : Chennai

Reported in : (1970)1MLJ300

..... is confered upon some particular body, and without any statutory authority that body allows some officer or employee to exercise it, this would be illegal, and beyond the delegation. ..... at page 51:more obvious cases of illegal delegation occur where the power is conferred upon some particular body, and without any statutory authority they allow some officer of employee to exercise it.as an authority for this proposition allingham v. ..... proposed schemes and the said decision must have been duly authenticated by the chairman or any other member authorised by the corporation in this behalf and the chief executive officer did nothing more than publish the said scheme in exercise of its administrative functions.only on the presumption that the scheme had been prepared in the manner authored for ..... on this contention, that sub-section 5 of sub-section 2 provides a means of delegation in the strict sense of the word, namely, a transfer of the power or duty to the officer or authority defined in the sub-section, with a corresponding divestiture of the governor of any responsibility in the matter, whereas under section 49, sub-section (1), of the act of 1935 the governor ..... transport undertaking carried on by the state government, nor could it be possibly characterised as a decision of that legal entity, but was merely the decision of a particular officer, who could not, under the rules of business, take such a decision at all the formidable argument behind the writ proceedings emerges clear. .....

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

..... . (vii) an appeal filed by a person (who has taken part in the promotion, formation or management, including the past or present director, manager, officer or employee) against whom an order is passed under section 24(1) or section 24(2), on allegations of misfeasance.65 ..... petitioner vs 1.the authorized officer, m/s.phoenix arc private ltd. ..... justice m.duraiswamy writ petition no.26905 of 2011 m/s.salem textiles limited, having its registered office at selliampalayam, attu 108. ..... . authorised officer, kotak mahindra bank ltd {(2010) 51 glr 1075}, a learned judge of the gujarat high court held, while distinguishing the division bench of the orissa high court in noble aqua, that "a reference takes into its .....

K. Radha Krishnan Vs. Thirumani Asphalts and Felts (P.) Ltd.

Court : Chennai

Reported in : [1999]97CompCas658(Mad)

..... (2) the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowing misapplied, or in default, to suffer imprisonment for a term which may extend ..... --(1) if any officer or employee of a company- (a) wrongfully obtains possession of any property of a company ; or (b) having any such property in his possession, wrongfully withholds it or knowingly applies it to a purpose other than those expressed or directed in the articles and authorised by this act ; ..... ishtiaq ahmed, contends that the question whether the petitioner ceased to be a director does not arise for consideration in that even as an office holder he had not produced the records of the company, when the company had made such demand by issue of notice and, therefore, the provisions of section 630 of the companies ..... section 2(30) of the companies act defines an officer of the company as under :' 'officer' includes any director, managing agent, secretaries and treasurers, manager or secretary (or any person in accordance with whose directions or instructions the board of directors or any one or more of the director is or are accustomed to ..... --(1) the office of a director shall become vacant if- (g) he absents himself from three consecutive meetings of the board of director, or from all meetings of the board for a continuous period of three months, whichever is longer without obtaining .....

T.N.V. Nanjappa Chettiar Vs. Devi Films (P.) Ltd.

Court : Chennai

Reported in : [1993]76CompCas875(Mad)

..... lj 57; [1988] 63 comp cas 1, though the beneficent provision contained in section 630 is penal, it has been purposely enacted by the legislature with the object of providing a summary procedure for retrieving the property of the company, (a) where an officer or employee of a company wrongfully withholds possession of property of the company, or (b) where, having been placed in possession of any such property during the course of his employment, wrongfully with-holds possession of it after the termination of his employment. ..... lie had ceased to be an officer of the company from january 2, 1984. ..... achyut kashinath wagh a single judge of the bombay high court had held that clause (b) of section 630 deals with wrongful withholding of possession by both a past and present employee. .....

State Vs. S. Seshamal Pandia and ors.

Court : Chennai

Reported in : [1986]60CompCas889(Mad)

..... section 209a(2) says that it shall be the duty of every director, other officer or employee of the company to produce to the person making inspection all such books of account and other books and papers of the company in his custody or control. ..... , the respondents herein under sections 209a(2) and 209a(8) of the companies act, alleging that the respondents are the directors of the above-mentioned company, that during the inspection of the company at its registered office on march 15, 1975, march 17, 1975, and march 19, 1975, certain irregularities were found by the assistant registrar of companies, that subsequently a report was sent to the government of india under section 209a(6) of the companies act, and ..... so, the first part of it regarding inspection makes it clear that the officer in charge of the company or the director is expected to produce all the records called for at the time of inspection. ..... it only says that the inspecting officer may require them to give information 'within such time'. .....

J. Loomchand Sait Vs. the Official Liquidators, Peerdan Joharmall Bank ...

Court : Chennai

Reported in : AIR1953Mad595; [1953]23CompCas142(Mad); (1953)IMLJ514

..... the terms of section 282-a are as follows : 'any director, managing agent, manager or other officer or employee of a company whowrongfully obtains possession of any property of a company, or having any such property in his possession wrongfully withholds it or wilfully applies it to purposes other than thoseexpressed or directed in the articles and authorised by this act, shall, on the ..... that we can agree with this contention for the reason that the court has been defined in section 45-a of the banking companies act as the high court exercising jurisdiction in the place where the registered office of the banking company which is being wound up is situated. ..... of and try in a summary way any offence alleged to have been committed by any person who has taken part in the formation or promotion of the banking company which is being wound up or any past or present director, manager or officer thereof. .....