Court : Mumbai
Reported in : AIR1962Bom92; (1961)63BOMLR678; ILR1962Bom186
..... with the proviso thereto, is held by any firm, any partner in, or employee of, the firm; (c) x x x x: (d) where any such office or place of profit is held by a body corporate, any officer or employee of such body corporate; (e) x x x x; (f) any associate, or officer of employee, of the managing agents. ..... .except by a special resolution passed by the company:-(a) any person who is an officer or employee of, or who holds any office or place of profit under, the company or any subsidiary thereof: provided that nothing in this clause shall apply to the director of such company or subsidiary, or to the holder of any office or place of profit under such company or subsidiary which may be held by a director of the company by virtue of section 314: (b) where any office or place of profit which would disqualify a person under clause (a) read ..... 2 is an officer or employee of b. m. ..... nariman that since defendant no.2 is merely a holder of the power of attorney, he cannot be considered to be an officer or employee of b. m. ..... 2 being both an associate as defined by section 2 (3)(d) and an officer or employee of b. m. ..... 2 is an officer or employee of b. m. .....
Tag this Judgment!Court : Mumbai
Reported in : [1963]49ITR206(Bom)
..... ' section 12 provided : 'any director, managing agent, manager or other officer or employee of a company who contravenes or attempts to contravene, or abets the contravention of or attempted to contravene any of the provisions relating to the distribution of dividends, or the issue thereunder, shall be punishable with imprisonment for a ..... by the statute would not only operate on a company but also on a public officer empowered to notionally created a fiction that the company has distributed the dividends as on ..... now, in our opinion the fiction enacted is not that the undistributed by the income-tax officer on the date of the general meeting, but the fiction enacted is that undistributed portion of assessable income is deemed to have been distributed as dividend amongst shareholders as at ..... a restriction is imposed by any law on a company in respect of declaration of dividends at a particular point of time, then that restriction would equally be applicable to the income-tax officer, if by his order, he is creating a legal fiction of notional distribution of dividends at that particular point of time. ..... it is thus clear that the order, which the income-tax officer is empowered to make by the sub-section, is that the distributed income would deemed to have been distributed amongst the shareholders as at the ..... itself indicates that when the requirements of this section are fulfilled, it empowers the income-tax officer to make an order and that order, as the sub-section says, is : '.... .....
Tag this Judgment!Court : Mumbai
Reported in : [1968]38CompCas39(Bom)
..... of profit which would disqualify a person under clause (a) read with the proviso thereto, is held by any firm, any partner in, or employee of, the firm; (c) where any such office or place of profit is held by a private company, any member, officer or employee of such company; (d) where any such office or place of profit is held by a body corporate, any officer or employee of such body corporate; (e) any person who is entitled, by virtue of any agreement, to any share of, or any amount of the remuneration received by the managing agent ..... agent is authorised by the articles or by an agreement to appoint any director to the board, none of the following persons shall be appointed as a director of the company whose period of office is liable to determination by retirement of directors by rotation, except by a special resolution passed by the company (a) any person who is an officer or employee of, or who holds any office or place of profit under, the company or any subsidiary thereof : provided that nothing in this clause shall apply to the director of such company or subsidiary, or to the holder .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom208; (1967)69BOMLR394
..... of profit which would disqualify a person under clause (a) read with the proviso thereto, is held by any firm, any partner in or employee of the firm; (c) where any such office or place of profit is held by a private company any member, officer or employee of such company; (d) where any such office, or place of profit is held by a body corporate, any officer or employee of such body corporate; (e) any person who is entitled, by virtue of any agreement to any share of, or any amount out of, the remuneration received by the managing ..... agent is authorised by the articles or by an agreement to appoint any director to the board, none of the following persons shall be appointed as a director of the company whose period of office is liable to determination by retirement of directors by rotation, except by a special resolution passed by the company:- (a) any person who is an officer or employee of or who holds any office or place of profit under the company or any subsidiary thereof: provided that nothing in this clause shall apply to the director of such company or subsidiary or to the holder .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR207; 1978MhLJ620
..... legality or propriety of the order of punishment on the evidence that was recorded before the enquiry officer, a grievance was made on behalf of the employee before the labour court that dalvi had made a false complaint against the employee because of a dispute between the employee and the depot officer and that principles of natural justice were violated inasmuch as the employee was not allowed to put certain questions to the witnesses to bring out this enmity with them ..... but it is difficult to accept the contention that wherever discretion has been exercised by the enquiry officer, the question as to whether that discretion has been so exercised as to deprive the employee of a reasonable opportunity to establish his case or to prove his innocence cannot be enquired into by the labour court. ..... both the labour court and the industrial court have taken in the instant case that the employee was prevented from proving the alleged enmity between himself on the one hand and dalvi and chaulkar on the other with the result that the enquiry officer should not have accepted their statements as gospel truth and that the employee was, therefore, deprived of a proper opportunity to defend himself is, in our view, unchallengeable ..... according to the labour court, certain questions having been disallowed by the enquiry officer, the employee was prevented from defending himself by showing the existing enmity and principles of natural justice were, therefore, violated. .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)ILLJ295Bom; 1979MhLJ903
..... case was a police constable who was challenging an order of compulsory retirement from service on the ground that when he was under suspension, he entered into an agreement with the block development officer to construct a school building in his village and a further charge of insubordination was made against him, namely, that when he was asked to answer some queries put by the deputy ..... officer or employee is duty bound to obey a lawful order of a superior officer ..... storage case interfere with a basic error on a point of fact or a perverse finding, but it cannot substitute its own appraisal of the evidence for that of the officer conducting the domestic enquiry though it may interfere where the principles of natural justice or fair play have not been followed or where the enquiry is so perverted in its ..... punish the employee for his trade union activities, the tribunal would be entitled to give adequate protection to the employee by ordering his reinstatement, or directing in his favour the payment of compensation : but if the enquiry has been proper and the conduct of the management in dismissing the employee is not mala fide, then the tribunal cannot interfere with the conclusions of the enquiry officer, or with ..... an employee has got to be efficient and loyal to the employer within the limitation of his rights and liabilities, reiterating his finding again that the refusal of the workman to type the delivery challans amounts to disobedience of the orders of the superior officers and .....
Tag this Judgment!Court : Mumbai
Reported in : [1982]52CompCas1(Bom); 1981MhLJ61
..... strenuously submitted that a harmonious reading of all the clauses contained therein must lead to the only conclusion that those will apply to only to an officer or employee of the company whose capacity as such continues to exist and would not apply to a past officer or ex-employee and he has also submitted that the legislative intent is reflected in the deliberate employment of certain terminologies not only in this provisions but also in ..... to embrace in the clutches of the said provision not only an officer or employee but also a past officer of an ex-employee, the legislature did not hesitate to clarify that position in that provision itself and, therefore, contends the learned counsel, that by virtue of this contrast, it becomes manifest that the non-employment of the words 'ex or past officer or past employee or the company', would make it clear that this provision would ..... crops up for consideration is whether the said provisions of the act would embrace a situation as in the instant case vis-a-vis an officer or an employee of the company who is out of employment at the material time though he may have obtained possession during the course of his ..... (2) in its entirety to understand this proposition, which reads as under :'(2) the court trying the offence may also order such officer of employee to deliver up or refund, within a time to be fixed by the court and such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas675(Bom)
..... by the company, be served on the company at its registered office, or, if there is no registered office, at its principal or last known principal place of business, by leaving a copy thereof with an officer or employee of the company and in case no such person is available, in such manner, as the judge or registrar may direct or by sending a copy thereof by prepaid registered post addressed to the company at its registered office, or if there is no registered office, at its principal or last known principal place of business, or ..... means in the high court, the registrar of the high court, and includes the prothonotary, master and assistant master and such other officer as may be authorised by the chief justice to perform all or any of the duties assigned to the registrar under these rules, and in the district court, such officer of that court as may by authorised by the high court to perform all or any of the duties assigned to the registrar ..... a company, it shall be accompanied by a notice of the petition in the prescribed form together with a copy of the petition for service on the company and an envelope addressed to the company at its registered office or its principal place of business and sufficiently stamped for being sent by registered post for acknowledgment. ..... therefore, the prothonotary, master and assistant master or such other officer as may be authorised by the chief justice to perform all or any of the duties of the registrar under these rules is the person who is .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR155; (1983)85BOMLR203; [1984]56CompCas329(Bom); [1984]150ITR12a(Bom); 1983MhLJ529
..... sub-section (2) of the said section further lays down that the court trying the offence may also order such officer or employee to deliver up or refund within the time to be fixed by the court, any such property wrongfully obtained or wrongly withheld or knowingly misapplied, or in default to suffers imprisonment for a term which may extend to two ..... sub-section (2) of the said section further directs the court trying the offence to pass and order directing such officer or employee to deliver up or refund, within the time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly ..... although there is an order of eviction from the property within the time to be fixed by the court and an officer or employee may not by the order of the court, in such eventualitythe court can pass an order of imprisonment for a term of two ..... is the wrongful withholding of the property of a company by an officer or employee by an officer or employee of the company. ..... the section lays down that if any officer or employee of a company wrongfully obtains possession, wrongfully withholds, it or knowingly apples it to purposes other than those expressed or directed in the articles and authorised by the said act, such a person shall, on the complaint of the company or any creditor ..... an officer or employee of a company may not vacate the premises as directed by the court and may undergo imprisonment for a period of two years, allowing his family members to enjoy the .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR479; [1985]57CompCas115(Bom); 1984MhLJ952
..... - penalty for wrongful withholding of property :- (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 ..... , with an express condition that the employee was to return the same to the company on his ceasing ..... was a written agreement between the company and the employee showing that the premises were given by the company who was admittedly a tenant thereof to the employee in the course of his employment with the company, with an express condition that the employee was to return the same to the company on his ceasing to be the company's who was admittedly a tenant there of to the employee in the courses of his employment with the company ..... com cas 1 the main question was whether a person, not an employee of the company at the date of the complainant, was covered under ..... to be filed under the following circumstances :the accused was an employee of the said company having joined its service at calcutta in 1943 .....
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