Judgment Search Results Home > Cases Phrase: officer or employees Sorted by: old Court: mumbai Page 5 of about 18,409 results (0.023 seconds)

Parshuram Bama Mhatre Vs. S. Chakravarty, Commissioner of Police

Court : Mumbai

Reported in : 2005(3)MhLj76

..... in this regard also, the respondent government authorities are not only expected but are required to take necessary action against the guilty officers or employee or employees, as expeditiously as possible and further ensure that such violations are not repeated.13. ..... in fact the officer and employees of the government who have acted in this manner, warrant necessary action for such indisciplined acts on their part. .....

Panther Fincap and Management Services Ltd. Vs. Central Government Uni ...

Court : Mumbai

Reported in : 2005(4)BomCR84; [2006]134CompCas773(Bom); [2005]61SCL33(Bom)

..... made in respect of matters covered under sections referred to in section 55a] (2) it shall be the duty of every director, 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 paper of the company in his custody or control and to furnish him with ..... (3) it shall also be the duty of every director, other officer of employee of the company to give to the person making inspection under this section all assistance in connection with the inspection which the company ..... apart from the aforesaid position in law i am also of the of the further opinion that the central government having constituted the serious fraud investigation office and if it desires to carry out investigation in respect of the affairs of the aforesaid 14 appellant companies without any malafide intention then it is not possible to stall the investigation merely on the basis of ..... shall be open to inspection during business hours (i) by the registrar, or (ii) by such officer of the government as may be authorised by the central government in this behalf; (iii) by such officers of the securities and exchange board of india as may be authorised by it: provided that such inspection may be made without giving any previous notice to the company or any officer thereof; provided further that the inspection by the securities and exchange board of india shall be .....

Employees' State Insurance Corporation Vs. Cortalim Shipyard and Engin ...

Court : Mumbai

Reported in : [2006]130CompCas295(Bom); [2006(106)FLR551]

..... resolution of the board of directors says that an officer or employee, other than one of the 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 officers, except where there is complete transfer of the ..... employer in respect of a factory or an establishment to which the act previously applied but has ceased to apply for the time being shall furnish to the appropriate regional office not later than 15 days after the act becomes applicable, as the case may be, to the factory or establishment/ a declaration or registration in writing in form 01. ..... true import of proviso (ii) to section 2(n) would be that in the case of a company, which owns the factory, the company cannot nominate any one of its employees or officers, except a director of the company, as the occupier of the factory. ..... mechanical recitation of the words of section 2(n), as a mantra, in a resolution nominating an employee or an officer as the occupier by stating that he shall have 'ultimate control over the affairs of the factory', ..... under the act, responsibility was cast upon the principal employer to make deduction from wages of employees and to deposit the same in the employees' state insurance fund within a certain period and if it is not done, he should be deemed to have committed the offence of criminal breach of trust as laid down .....

Akshaykumar S/O Uttamlal Jaiswal Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2005(4)ALLMR888; 2006(2)BomCR278; 2005(4)MhLj571

..... authority and same cannot relate to any officer or employee of any statutory corporation or any other ..... as regards the contention relating to the seizure of the documents, section 213(5) of the said act deals with the power of the officer of motor vehicle department or such other officer empowered by the state in that behalf, to have various powers including the power to seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an offence under the said act ..... , therefore, when a bus is intercepted on the reasonable belief of having violated the conditions of permit regarding contract carriage and if the officer intercepting such a bus believes that an offence has been committed in that regard, then the document relating to such an offence can certainly ..... in nanded-parbhani zilla luxury bus mala va operator sangh 's case (supra), the apex court held that the police officer is empowered to detain the vehicle only if he has reason to believe that the vehicle has been or is being used in contravention of the conditions of permit relating to the route on which or area in which or the ..... it is their case that the officers of the police and transport officer accompanied by the employees of msrtc stop and detain the buses under the garb that vehicles are being used as stage carriage when the permit is for contract carriage and in the process, apart from ..... the officers and employees of msrtc should not form part of the inspection squad of .....

Shankar Ramlu Banpalliwar and Vs. State of Maharashtra Through Secreta ...

Court : Mumbai

Reported in : 2008(2)ALLMR125; 2008(1)BomCR135; (2007)109BOMLR2388; 2008(1)MhLj630

..... power-(a) to inspect the records and books of the accounts of any society and for that purpose he shall have, at all times, access to all the records and books of accounts of the society; and(b) to summon any officer or employee who has the custody of the records or books of accounts of the society to produce them before him.section 80 sub-section (1) reads thus;80(1) where the registrar is satisfied that the books and records of a society are ..... sub-section 2 of section 89a gives a power to inspect the records and for that matter the petitioner has a power to summon any employee or officer. ..... the reports in both cases further show that neither any intimation was given to the office of assistant registrar nor any permission was obtained from the said office for holding such meetings or preparing a parallel proceedings book. ..... if at all there is any eventuality to do so, in my opinion, permission from the office of registrar to do so would become imperative, in the light of the above provisions wherein the powers of control and supervision are conferred on the registrar. ..... he further concurred that no intimation was given to the office of the assistant registrar nor any permission to hold that meeting in that manner was at all sought. ..... the meeting was held without any intimation or permission from the office of the assistant registrar co-operative societies. ..... office to verify and recover the court fees.16. .....

Ms. Gopika Chandrabhushan Saran and anr. Vs. Xlo India Ltd. and anr.

Court : Mumbai

Reported in : [2009]148CompCas122(Bom)

..... in the former case the expression 'officer or employee' used in section 630 of the act was given a broad coverage so as not to defeat the beneficent provision of section 630 and not to ignore the factual realities that the legal heirs or family members of an officer/employee obtained the right of occupancy of the company property only through the 'officer' or 'employee' concerned and on no other basis. ..... as such the ratio of the above judgment would be applicable where the service of any employee or officer has been terminated and the premises continue to be in possession of persons who have come in such possession through him, even though the employee or officer concerned does not himself occupy the premises, as such applicants herein are well within the sweep of section 630 of the act.30. ..... [2001] 104 comp cas 424 : [2001] 2 scc 700, the court ruled that the provision cannot be liberally construed so as to rope in family members other than legal heirs/representatives of the former officer/employee. ..... in the case of lalita jalan : 2003crilj2514 , a three-member bench of the supreme court has resolved the controversy as to whether the terms 'officer' and 'employee' appearing in section 630(1) of the act need to be given restricted meanings or wider (liberal) meanings. ..... gupte submits that the court cannot ignore the factual reality that the legal heirs and family members of the employee/officer obtain right only through the employee concerned and not on any other basis. .....

Municipal Corporation of Gr. Bombay Vs. General Secretary, BEST Worker ...

Court : Mumbai

Reported in : 2008(6)BomCR479

..... such appeal is lodged within 14 days of the receipt in writing of the order appealed against.provided further that where the punishment imposed in one of discharge or dismissal, the employee shall have a right of second appeal to the general manager or any other officer duly authorised by him and notified, provided that such appeal is lodged within 14 days of the receipt in writing of the order in the first appeal as aforesaid.at the hearing ..... show cause as to why the proposed penalty should not be imposed;(ii) brief notes on the charge and the plea put in by the employee is maintained by the management for their own record, and(iii) the employee may appeal against any punishment inflicted as a result of such trail to the officer immediately superior to the one who has imposed the punishment, provided such appeal is lodged within 14 days of the receipt in writing of the ..... , cross-examination of the witness takes place and in the final submissions, which are made before the enquiry officer/trying officer, the employee concerned is given an opportunity to urge that he may be exonerated of the charges and no punishment be ..... barring exceptions for which reasons have to recorded in writing by the enquiry officer, the employee is permitted to produce witness in his defence and cross-examine any witnesses on ..... except for reasons to be recorded in writing by the officer holding the enquiry, the employee shall be permitted to produce witnesses in his defence and cross-examine any witnesses .....

thermax Limited and anr. Vs. Vishwanath N. Jadhav and ors.

Court : Mumbai

Reported in : 2009(3)BomCR303; (2009)IIILLJ265Bom; 2009(2)MhLj921

..... a subordinate officer or employee is duty bound to obey a lawful order of a superior officer. ..... of victimisation;(b) not in good faith, but in the colourable exercise of the employer's rights;(c) by falsely implicating an employee in a criminal case on false evidence or on concocted evidence;(d) for patently false reasons;(e) on untrue or trumped up allegations of absence without leave;(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;(g) for ..... the concept of obedience is implicit in the fact that the officer receiving the order is subordinate to the officer giving the order and a lawful order has to be obeyed, unless there is good justification for not complying with such a lawful order. ..... that such is the duty of a subordinate officer is not required to be stated in so many words in any list of duties. ..... it is clear from the facts of the case that the dismissal was not for a misconduct without any regard to the nature of the misconduct or the past record of service of the employee. ..... dismissal constitutes an unfair labour practice when it is for misconduct of a minor or technical character only when such dismissal is made 'without having any regard to the nature of the particular misconduct or the past record of service of the employee'. .....

ingersoll-rand (India) Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : 2009(111)BomLR2041; (2009)226CTR(Bom)555; [2010]320ITR513(Bom); [2009]183TAXMAN410(Bom)

..... earth movers (supra) the liability was certain as the amount was credited in the fund only in the event the employee had not availed of the leave the leave available to an employee in the course of the year is also known, based on whether he was an officer or employee.12. ..... payment of bonus act lays down that where for any accounting year the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment under section 11, then the excess shall, subject to a limit of twenty per cent of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of ..... supreme court on behalf of the assessee it was contended that subject to the ceiling, every employee would either avail of the leave or seek encashment and, therefore, the liability is a certainty ..... the high court observed that the liability will arise only if an employee does not go on leave and instead applies for encashment. ..... the other event on the occurrence of which the employee may stake his claim is termination or retirement which again is ..... the gratuity was payable on the termination of an employee's service either due to retirement, death or termination of service, the exact time of occurrence of the latter two events being not determinable with ..... as the amount was not paid to the employee it was not a permissible deduction under section 36(1)(ii) of the .....

The State of Maharashtra Vs. Jagan Gagansingh Nepali.

Court : Mumbai

..... the beneficent provision contained in section 630 no doubt penal, 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 obtains 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 withholds possession of it after the termination of ..... section 630 of the act which makes the wrongful withholding of any property of a company by an officer or employee of the company a penal offence, is typical of the economy of language which is characteristic of the draughtsman of ..... it would be noticed that clause (b) also makes it an offence if any officer or employee of a company having any property of the company in his possession knowingly applies it to purposes other than those expressed or directed in the articles and authorised by ..... first of these is the one contemplated by clause (a), namely, where an officer or employee of a company wrongfully obtains possession of any property of the company during the course of his employment, to which he is ..... argued before the apex court that the term `officer' or the `employee' used in the said provision applied only to existing officer or employee and not past officer or employee. ..... therefore no warrant to give a restrictive meaning to the term 'officer or employee' appearing in sub-section (1) of section 630 of the act. .....