Court : Supreme Court of India
..... such acts of bank/post office employees, when done during their course of employment, are binding on the bank/post office at the instance of the person who is damnified by the fraud and wrongful acts of the officers of the bank/post office and such acts within their course of employment will give a right to the appellants to legally proceed for injury, as this is their only remedy against the post office. ..... postmaster general (2022) 6 scc351 in those facts and circumstances it was found by this court that fraud was committed by an officer and employee of the post office. ..... but this would not absolve them from their liability if the employee involved was acting in the course of his employment and duties.9. ..... it was held that the post office, as an abstract entity, functions through its employees. ..... the respondents no.2 and 3 being the employees of respondent no.1 approached the appellant during august 2005. ..... in spite of the complainant contacting the respondent no.2 and other officers, there was no relief, instead, the c.a. ..... thus, the post office, like a bank, can and is entitled to proceed against the officers for c.a. ..... employees, as individuals, are capable of being dishonest and committing acts of fraud or wrongs themselves or in collusion with others. .....
Tag this Judgment!Court : Supreme Court of India
..... . promise, offer or give any bribe, commission, gift or advantages either himself or through his partner, agent or servant to any officer of employee of ircon or to any person on his or on the behalf in relation to the execution of this or any other contract with ircon .....
Tag this Judgment!Court : Supreme Court of India
..... scheme in terms of the notification dated 19th may 2009, the benefit of notional pay fixation in terms of the revised pay structure with effect from 1st january 2006 shall be provided; and (vi) all the officers and employees of the board who are entitled to benefit of the revised pay structure in terms of the government order dated 14th january 2010 shall be provided the said benefit within a period of three months from today ..... if such power is exercised, those provisions of the regulations framed under clause (f) of sub section (1) of section 95 which are repugnant to the rules, shall be void; (ii) all the officers and employees of the board who have not received the benefit of the old scheme till 07th september 2012 and have retired on or after 1st january 2006 shall be entitled to benefit of the new pension scheme as ..... benefits under the old scheme pursuant to the interim order dated 07th september 2012, will be entitled to interest on differential amounts, as directed in terms of paragraph 21 of the decision of this court in preetam singh s case1; (iv) those officers and employees of the board who have accepted the benefit under the old scheme before 7th september 2012 after giving an undertaking in terms of the ..... the communication dated 15th january 2011 of the state government addressed to the housing commissioner of the board records that the officers and employees of the board will not be entitled to arrears of revised pay for the period from 1st january 2006 to 13th january .....
Tag this Judgment!Court : Supreme Court of India
..... (ii) the existing central laws do not provide for investing the officers of a number of important central enforcement agencies like narcotics, customs, central excise, etc. .....
Tag this Judgment!Court : Supreme Court of India
..... it is true that regulation 44 puts specific restriction on engagement of a legal practitioner and it provides that for the purpose of an enquiry under regulation, 2010, the officer or employee shall not engage a legal practitioner without prior permission of the competent authority. ..... a chargesheet dated 1.11.2019 was served upon the original writ petitioner by the bank in terms of rajasthan marudhara gramin bank (officers and employees) service regulation, 2010 (hereinafter referred to as the regulation, 2010 ). ..... page 26 of 27 accordingly, present appeal is allowed and the impugned judgment and order passed by the learned single judge confirmed by the division bench permitting the respondent delinquent officer to be represented in the departmental proceedings through ex employee of the bank is hereby quashed and set aside. ..... as per the bank there is a justification also to permit the delinquent officer to be represented in the departmental proceedings through serving official / employee from the bank only. ..... if the reasoning of the high court is considered, the high court is of the opinion that as there is no complete or absolute bar even on engaging a lawyer, it is difficult to accept that a retired employee of the bank cannot be engaged to represent a delinquent officer in the departmental inquiry. .....
Tag this Judgment!Court : Supreme Court of India
..... two-thirds of the trustees are independent persons who are not associated with the page 64 of 77 sponsor,18 and no director, officer or employee of the amc can be appointed as a trustee.19 the trustees hold the assets of the scheme in fiduciary capacity on behalf of the investors ..... an amc and its directors (including independent director), officers or employees are ineligible to be appointed as a trustee of any mutual fund ..... the investigating officer can, during the course of the investigation, examine or record the statements of any director, officer, or employee of the mutual fund/ trustee/ amc and every such mutual fund/ trustee/ amc is duty-bound to give to the investigating officer all assistance in connection with the inspection or investigation ..... out, unless (i) a written communication about the proposed change is sent to each unitholder and an advertisement is given in one english daily newspaper having nationwide circulation as well as in a newspaper published in the language of region where the head office of the mutual fund is situated; and (ii) the unitholders are given an option to exit at the prevailing net asset value without any exit load. ..... rule is based upon the theory that the legislature is acquainted with the contemporaneous interpretation of a statue, especially, when made by an administrative body or executive officers charged with the duty of administering or enforcing the law, and therefore page 32 of 77 impliedly adopts the interpretation upon re- enactment. .....
Tag this Judgment!Court : Supreme Court of India
..... (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 extend to two years. ..... in our opinion, a proper construction of the section would be that the term officer or employee of a company in section 630 of the act would by a deeming fiction include the legal heirs and representatives of the employee or the officer concerned continuing in occupation of the property of the company after the death of the employee or the officer.16. ..... they have been enacted with the main object of providing speedy relief to a company when its property is wrongfully obtained or wrongfully withheld by an employee or officer or an ex-employee or ex-officer or anyone claiming under them. ..... , (1995) 3 scc732 this court examined whether a petition under section 630 of the companies act, 1956 is maintainable against the legal heirs of a deceased officer or employee for retrieval of the company s property. ..... section 630 of the act provides speedy relief to the company where its property is wrongfully obtained or wrongfully withheld by an employee or an officer or a past employee or an officer or legal heirs and representatives deriving their colour and content from such an employee or officer insofar as the occupation and possession of the property belonging to the company is concerned. .....
Tag this Judgment!Court : Supreme Court of India
..... given to any of the parties or any officer or employee against the report of one-man committee. ..... of the allocation lists proposed by ap power utilities, the present committee has identified and listed in annexed lists with the present supplementary report, total 2165 employees which include 1157 earlier relieved and were working on the side of telangana on the basis of the stay orders of the high court and hon ble ..... the one-man committee, no 79 objection or challenge by any employee or officer is entertainable, we clarify that the one-man committee having completed the process of allocation, the said allocation cannot be challenged by any employee or officer or any utility before any forum. ..... of power utilities of both the states to arrive at a consensus and after unilateral decision of power utilities of telangana to relieve 1157 employees from telangana to andhra pradesh merely on the ground of nativity, the litigation started in the high court by filing various writ petitions ..... lists, both ts and ap utilities will issue orders of posting and joining, with granting sufficient time to the employees to report for duties, keeping into consideration the constrains on movements in the current coronavirus pandemic period and the consequent ..... their application and their objection before the one-man committee have referred to 502 out of 1157, 242 self-relieved employees and 71 spouse and medical cases plus 584 which have been permitted to be identified by member of andhra pradesh sub .....
Tag this Judgment!Court : Supreme Court of India
..... certified. a document that bears no seal if: (a) it bears the signature of an officer or employee of an entity named in rule 902(1)(a); and (b) another public officer who has a seal and official duties within that same entity certifies under seal or its equivalent that the signer ..... under sub-section (5) of section 173: provided that the magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the magistrate thinks proper, shall be furnished to the accused: provided further that if the ..... section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 173; the confessions and statements, if any, recorded under section 164; any other document or relevant extract thereof forwarded to the magistrate with the police ..... excuse for such refusal, such court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the presiding magistrate or judge commit him to the custody of an officer of the court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his .....
Tag this Judgment!Court : Supreme Court of India
..... (2) the state government may in the like manner, invest the appointing authority or officer or employee referred to in sub-section (1) with such powers or authority as may be necessary for effectively discharging the responsibility entrusted ..... government may by notified order, entrust the appointing authority or any officer or employee with the responsibility of ensuring the compliance of the provisions of ..... section 5 provides that any appointing authority or officer or employee entrusted with the responsibility under section 4(1) who wilfully acts in a manner intended to contravene or defeat the purposes of the act, shall, on conviction, be punishable with imprisonment which may extend to ..... procedure and conduct of business) act, 1974, the learned counsel submitted that the conduct of business by the up public service commission shall be strictly in accordance with the 12 provisions and the revised office memorandum dated 12.10.2014 changing the number of vacancies in different categories is unsustainable and the high court rightly set aside the same and directed the selection process to be continued and directed the state ..... the exercise as directed by the authority, it was found that the total number of general category candidates was wrongly figured out 15 and shown as 2,622; while in fact 1,749 employees (979 obc and 770 others) who were absorbed on account of having a diploma from the government agriculture school during the years 1981 to 1987, were also required to be counted .....
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