Court : Gujarat
Reported in : (1996)2GLR194
..... having a look at the newspapers and the cases which are coming up before the courts it is a matter of knowledge and information that cases of misappropriation, embezzlement and defalcation of money of bank by its officer or employees are exceptionally of large number. ..... the court further observed that in the later class of cases it would be open to the delinquent employee to seek such an order of stay or injunction from the court. ..... the charge-sheet has been served upon the petitioner only with a view to ascertain whether the petitioner has committed misconduct or not and if committed, whether his act unbecoming of an employee of financial institution like respondent no. ..... in case a bank officer, who has been chargesheeted with the serious charges of misappropriation, embezzlement and defalcation of bank amount to the tune of rs. ..... the delinquent have direct impact and relation to the public money and the accountability of the financial institution to the public at large the courts should be slow to exercise its discretionary powers in favour of the charged officer. .....
Tag this Judgment!Court : Gujarat
Reported in : [1996]87CompCas557(Guj); (1995)2GLR1752
..... comp cas) : '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 his employment. ..... ' it is also held that the term 'officer' or 'employee' in section 630 applies not only to existing officers or employees of a company but also to past officers or employees, if such officer or employee either (a) wrongfully obtains possession of any property of the company, or (b) having obtained such property during the course of his employment, withholds the same after ..... the term officer or employee in section 630 applies not only to existing officers or employees, but also to past officers or employees if such officer or employee either (a) wrongfully obtains possession of any property of the company, or (b) having obtained such property during the course of his employment, withholds the same after ..... (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 knowingly misapplied, or in default, to suffer imprisonment for a term which may .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1984Guj36; (1983)2GLR1307
..... 88(1), it has been provided that every person who is or had at any time been an officer or employee of the society and every member and past member of the society shall furnish such information in regard to such transactions and working of the society as the, registrar or the person authorised by him may ..... that the impugned orders are passed mala fide and with ulterior motive by the officers of the 2nd respondent who are exercising their powers under the act and they have passed these orders under the political pressure of congress (1) workers in mehsana district who are in a position to prevail ..... has no grievance regarding the same an it is always upon to any one much more to an officer functioning under the act to issue request letters to the concerned banks like petitioner no. ..... registrar may, if in his opinion there is prima facie evidence against such paid officer or servant and the suspension of such officer or servant is necessary in the interest of the society, direct the committee, of the society pending the investigation and disposal of the matter, to place or cause to be placed such paid officer or servant under suspension. ..... it is brought to the notice of the registrar that a paid officer or servant of a society has committed or has been otherwise responsible for misappropriation, breach of trust or other offence in relation to the ..... is merely a request letter to supply certain information to the third respondent who is an officer exercising powers under the act, mr. .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)0GLR622; (1963)IILLJ527Guj
..... other similar legislation, industrial tribunals, labour courts, appellate tribunals and finally this court have by a series of decisions laid down the law that even though under contract law, pure and simple, an employee may be liable to dismissal, without anything more, industrial adjudication would set aside the order of dismissal and direct reinstatement of the workmen where dismissal was made without proper and fair enquiry by the ..... it then stood, the tribunal or the authority would be entitled to consider whether the action of the inquiry officer or of the employer was a bona fide action and whether there was victimization or unfair labour practice. ..... the purposes of this sub-section a 'protected workman,' in relation to an establishment, means a workman who, being an officer of a registered trade union connected with the establishment, is recognized as such in accordance with rules made in this behalf. ..... the section comes into operation during the pendency of any conciliation proceeding before a conciliation officer or a board or of any proceeding before a labour court or tribunal or national tribunal in respect of an industrial dispute, that is, where an industrial dispute is pending disposal before the authorities therein mentioned, the section comes ..... so and in trying to be astute in examining the record and discovering the various frailties from which the decision of the inquiry officer suffered, the tribunal, we regret to say, has entered the realm of suspicion and surmises. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)224CTR(Guj)59; 2008[12]STR436; [2009]20STT164
..... the respondent - assessee availed cenvat credit of service tax paid on mobile phone services in respect of mobile phones used by employees and officers of respondent assessee. ..... in the facts of the case, it is not in dispute that mobile phones were provided by the employer, namely the respondent assessee, to its employees and officers. ..... , whether directly or indirectly, in or in relation to the manufacture of final products and clearance of final products from the place of removal,and includes services used in relation to setting up, modernization, renovation or repairs of a factory, premises of provider of output service or an office relating to such factory or premises, advertisement or sales promotion, market research, storage upto the place of removal, procurement of inputs, activities relating to business, such as accounting, auditing, financing, recruitment and quality control, coaching and training .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)220CTR(Guj)568; [2009]310ITR227(Guj)
..... the brief facts giving rise to the present reference are that during the course of assessment proceedings for assessment year 1987-88, the assessing officer called for the copy of account of the assessee as appearing in the books of gujarat mineral development corporation (gmdc) and compared with the copy of ..... having found force in the alternative contention raised by the assessee, we do not think it just and proper to make any further inquiry in the matter and we are of the view that the assessing officer has failed to discharge his burden to prove that the amount in question is the income of the assessee.16. ..... the undisclosed income of the assessee for the reason that the assessee could not show that the amount did not belong to it, which it could have done by examining the respective employees and the bank officers. ..... be credited in the assessee's account from the books of accounts of gmdc, belonged to the assessee, by bringing proper evidence on record and the assessee could not be expected to explain the source of income or to call responsible officers of gmdc or bank to discharge the burden that lay upon the department. ..... on the aforesaid decisions, she has urged that the addition made by the assessing officer and confirmed by the cit (appeals) as well as tribunal is required to be ..... took the view that the assessee failed to prove the sources of drafts remitted to gmdc and as such, the additions made by the assessing officer and confirmed by the cit (appeals) are fully justified.5. .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]149CompCas720(Guj); [2009(121)FLR800]; (2009)1GLR552; [2008]87SCL155(Guj)
..... section 630 is to provide a speedy and summary procedure for retrieving the property of the company where it has been wrongly obtained by the employee or officer of the company or where the property has been lawfully obtained but unlawfully retained after termination of the employment of the employee or the officer and to impose a fine on the officer or employee of the company if found in breach of the provision of section 630 of the companies act and further to issue direction if the court feels ..... 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 knowingly misapplied, or in default, to suffer imprisonment for a term which may extend to two years.an analysis of the ..... the words 'such officer or employee' occurring in section 630(2) include past or present officer or employee or his or her ..... if the officer or employee of the company does any such act by which the property given to him is wrongfully withheld and is not restored back to the company, it will clearly amount to an offence within the meaning of ..... wrongful withholding of property:(1) if any officer or employee of a companya. ..... if it is held that other members of the family of the employee or officer or any person not connected with the family who came into possession through such employee would not be covered by section 630, such a view will defeat the quick and expeditious remedy .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]144CompCas480(Guj)
..... petitioner had issued circular inviting application from its employees for voluntary retirement on or before august 16, 1999, in response to which all employees/officers except 7 opted for voluntary retirement. ..... of 1998 was filed by the present petitioner wherein this court directed the state government to appoint a fact finding committee/high power committee consisting of the concerned ias officers to inquire into and find out the cause which led to wind up gujarat small industries corporation ltd. ..... now only 5 employees/officers are working on regular ..... business activities of the company have been discontinued since 1999 and almost all employees have been relieved under the scheme of voluntary retirement. ..... is stated therein that on behalf of the petitioner-corporation an affidavit is filed before the court on april 21, 2008, in connection with the actions taken by the corporation against the officers of the corporation for non-recovery of dues of the petitioner. ..... court further directed to place on record the details as to whether any action is taken by the state government against any of the officers of the corporation for non-recovery of the amount in question.7. ..... the gsic has relieved 321 employees under vrs till date of this ..... one more chance was given for voluntary retirement scheme to the remaining 7 employees to apply for vrs. ..... the basis of the preliminary inquiry state government has initiated departmental inquiries against these officers and they were charge sheeted by g.a.d. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1644
..... company cases 557 (gujarat), this court has held that section 630 of the companies act, 1956, applies to a past officer or employee of a company, if the wrongful obtaining, withholding or application of the property was done in his capacity as such officer or employee. ..... if the company decides to seek possession under section 13(1) of the 1947 bombay act against the employee-tenant the company has to pursue the remedies before a competent court as provided under section 28 of the ..... decisions clearly indicate that if no independent right of tenancy is flowing in favour of the ex-employee of the company, mere retention of the possession or payment of municipal taxes, electricity bill ..... certainly entitled to claim possession on termination of the leave and license agreement between the applicant and the company in liquidation and as soon as the company goes into liquidation, the employer-employee relationship between the company in liquidation and the respondent no. ..... thus, when an employee refuses to vacate the premises of the company on determination of the employment or on his retirement but continues in possession even after his retirement, the employee can be held liable under section 630 ..... occupied the premises so long as the employee of the company in liquidation. ..... 2 being the ex-employee of new swadeshi mills company and there was separate leave and license with the company in liquidation, in view of the provisions contained in section 630 of the companies act, 1956 and the settled .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3CompLJ516(Guj); (2008)3GLR2486; [2008]85SCL262(Guj)
..... this court has held that section 630 of the companies act, 1956, applies to a past officer or employee of a company, if the wrongful obtaining, withholding or application of the property was done in his capacity as such officer or employee. ..... section 468 empowers the court to make an order at any time after making a winding up order on any contributory, trustee, receiver, banker, agent, officer or other employee of the company, to pay, deliver, surrender or transfer forthwith or even such time as the court directs, to the liquidator, any money, property or books and papers in his custody or under his ..... (2005) 125 company cases 477 (sc), the hon'ble supreme court has held that the respondents having remained in possession after the death of the employee as his heirs and the company not having authorized them to remain in possession, possession of the company's flat by the respondents, after the service of notice to vacate the premises by the ..... in such cases all those who have come in possession of the premises with the express or implied consent of the employee and have not vacated the premises would be withholding the delivery of the property to the company and, therefore, they are liable to ..... (2003) 114 company cases 515 (sc), the hon'ble supreme court has held that if an erstwhile or former employee is prosecuted under section 630 of the act on account of the fact that he has not vacated the premises and continues to remain in occupation of the same even after termination of his .....
Tag this Judgment!