Court : Supreme Court of India
Reported in : AIR2006SC3508; 101(2006)CLT715(SC); JT2006(2)SC217; 2006(2)SCALE262; (2006)3SCC229
..... (2) any animal tethered as aforesaid may be removed by the commissioner, or by any corporation officer or employees and made over to a police officer or may be removed by a police officer, who shall deal therewith as with an animal found straying.543. ..... that the petitioners understand that on 2.9.95, the director of estates held further meeting in the presence of planning member of bhubaneswar development authority, officer of bhubaneswar municipal corporation, orissa state housing board for immediate rehabilitation of gowalas. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3576; [2005]127CompCas787(SC); (2005)6CompLJ227(SC); [2005(107)FLR826]; JT2005(8)SC544; 2005(7)SCALE519; (2005)8SCC104; [2005]63SCL109(SC); 2006(1)SLJ24(SC)
..... a factory, it is only one of the directors of the company who can be notified as the occupier of the factory for the purposes of the act' and the company cannot nominate any other employee to be the occupier of the factory;(2) where the company fails to nominate one of its directors as the occupier of the factory, the inspector ' of the factories shall be at liberty to proceed against ..... the industrial disputes act, 1947 (14 of 1947) or under any corresponding law relating to the investigation and settlement of industrial disputes in 'force in the state or any commissioner for workmen's compensation or other officer with experience as a judge of a civil court or as a stipendiary magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay ..... simply an officer or employee. ..... import of the 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. ..... one of its directors and none of its employees or officers can be nominated as occupier of the ..... employees' state insurance act, 1948 in explanation 2 to section 405 of the indian penal code, the directors of the company, in the present case, would not be covered by the definition of 'principal employer' when the company itself owns the factory and is also the employer of its employees at the head office.'15 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2506; 2005(5)ALLMR(SC)618; [2005]125CompCas477(SC); (2005)4CompLJ417(SC); [2005(107)FLR7]; JT2005(5)SC370; 2005(3)MhLj340; (2005)5SCC30; [2005]60SCL280(SC); 2005(2
..... 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 ..... on the complaint of the company or any creditor or contributory thereof, be punishable with fine which may extend to ten thousand rupees;(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 extent to ..... this court resolved the conflict and has held that the expression `officer' or `employee' of the company applies not only to the existing officer or employee but also includes past officer or employee where such officer or employee either wrongfully obtained or wrongfully withheld or knowingly misapplied any property after ..... (2) of section 630 authorizes the court trying the offence, in its discretion to order any such officer or employee of the company which includes past or present, or his or her legal representative, to deliver, within a specified time, possession of such property which has .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC314; 2005(3)BomCR888; JT2004(9)SC620; (2005)ILLJ188SC; 2004(9)SCALE449; (2005)1SCC13; 2005(2)SLJ246(SC); 2005(1)LC123(SC); (2005)1UPLBEC354
..... salve, good conduct and discipline are inseparable for the functioning of every officer, manager or employee of the bank, who deals with public money and there is no defence available to say that there was no loss or profit resulted in the case, when the manager acted ..... /appointing authority to issue a notice to the appellant under rule 69(2) of the state bank of india officer's services rules 1992 (hereinafter called the 'rules) to show cause why the penalty should not be ..... the bank manager/officer and employees and any bank nationalized/or non-nationalized are expected to act and discharge their functions in accordance ..... rule show that the appellate authority shall give a show cause notice to the officer as to why the enhanced penalty should not be imposed upon him and shall pass final order after taking into account the representation, if any, submitted by the officer and that this rule does not provide for a personal hearing or a personal ..... this case was cited for the proposition that an opportunity should be given to the delinquent officer to exonerate himself from the charge by showing that the evidence adduced at the enquiry is not worthy of credence or consideration or that the charges proved against him are not of such a ..... salve further contended that rule 69(2) of the service rules provided that no employee should grant on behalf of the bank any loan or advance to himself or to his spouse and that the appellant had deceitfully granted such a loan to his wife in her maiden .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4325; 97(2004)CLT363(SC); [2004]120CompCas63(SC); 2003(4)CTC418; JT2003(Suppl1)SC470; 2003(3)KLT876(SC); (2004)ILLJ161SC; 2003(8)SCALE143; (2003)10SCC733; 2004(1)S
..... order under sub-section (1) has been made, the reserve bank may, by order in writing, appoint a suitable person in place of [the chairman or director] or chief executive officer or other officer or employee who has been removed from his office under that sub-section, with effect from such date as may be specified in the order. ..... in a manner detrimental to the interests of the depositors or for securing the proper management of any banking company it is necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order, remove from office, with effect from such date as may be specified in the order, [any chairman, director,] chief executive officer (by whatever name called) or other officer or employee of the banking company. ..... the banking company or its depositors it is necessary so to do, it may, from time to time by order in writing, appoint, with effect from such date as may be specified in the order, one or more persons to hold office as additional directors of the banking company:xxx xxx'section 36ae has also been referred to which empowers the central government to acquire undertakings of banking companies in the interests of the depositors, the banking policy or for ..... it is also the case of the appellant bank that services of an employee or an officer of a private body, cannot be imposed or thrust upon it nor a ..... the service rules for the employees and officers of the bank were framed by the state government in exercise of powers under section 30 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(7)SC312; 2003(3)KLT618(SC); 2003(6)SCALE401; (2003)7SCC546
..... or rather properties to the devaswom or loss or waste of money or other property thereof, caused by neglect or misconduct;(f) section 26(2) permits the commissioner appointed under section 2(b) of the act to pass an order of surcharge against the managing committee or any officer or employee if he is satisfied that they are guilty of misappropriation or willful waste or of gross, neglect resulting in loss to the temple after giving them an opportunity to show cause why an order of surcharge should not be passed; and(g) under section 33, the ..... as approved by the commissioner shall come into force.4) no change shall be effected in the schedule except with the approval of the commissioner.5) subject to such exceptions as the committee may by general or special order direct, the officers and employees of the devaswom in the service of the devaswom immediately before the commencement of this act shall continue as such, and the conditions of their service shall be such as may be prescribed by regulations made under this act.6) a person ..... establishment schedule;1) the administrator may, as soon as may be after the commencement of this act, prepare and submit to the committee a schedule setting forth the duties, designations and grades of the officers and employees who may in his opinion constitute the establishment of the temple and embodying his proposals with regard to the salaries and allowances payable to them.2) the committee shall forward the schedule submitted to it under sub- .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3157; 2003(2)ALT(Cri)76; [2003]114CompCas515(SC); (2003)3CompLJ75(SC); 2003CriLJ2514; [2003(97)FLR828]; JT2003(4)SC64; (2003)IILLJ829SC; 2003(4)MhLj637; 2003MPLJ8(
..... the purpose of enacting section 630 is to provide speedy relief to a company when its property is wrongfully obtained or wrongfully withheld by an employee or an ex-employee and the view taken in baldev krishna sahi's case (supra) and amrit lal chum's case (supra) that the term 'officer or employee of a company' applies not only to existing officers or employees but also to past officers and employees, if such officer or employee either (a) wrongfully obtains possession of any property, or (b) having obtained possession of such property during his employment, wrongfully withholds ..... the beneficent provision contained in section 630 no doubt penal, has been purposely enacted by the legislature with the object or 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. ..... therefore, the function of clause (a) though it primarily refers to the existing officers and employees, is to take within its fold an officer or employee who may have wrongfully obtained possession of any such property during the course of his employment, but wrongfully withholds it after the termination of his employment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3129; [2002]112CompCas1(SC); (2002)4CompLJ327(SC); 2002(4)Crimes239(SC); [2002(95)FLR342]; JT2002(6)SC588; (2002)IIILLJ1080SC; 2002(6)SCALE304; (2002)7SCC37; [2002
..... : 2001crilj961 , it was held that though the expression 'officer or employee of a company' would include past officer or employee of the company or his legal heirs or representatives but does not include other members of his family and further stated that the provision cannot be liberally construed so as to rope in family members, other than the legal heirs or representatives of such past officer or employee.3. ..... , : (1996)iiillj354sc has explained that the expression 'officer or employee' used insection 630 of the act should be given a broad meaning in the light of thedecision of this court in baldev krishna sahi v ..... would defeat the 'beneficent' provision and ignore the factual realities that the legal heirs or family members who are continuing in possession of the allotted property had obtained the right of occupancy with the employee concerned in the property of the employer only by virtue of their relationship with the employee/officer and had not obtained or acquiredthe right to possession of the property in any other capacity, status or right.' [p. ..... the object of the said provision was explained to be not strictly penalin nature but quasi criminal, the main object being to provide speedy relief to the company where its property is wrongfully obtained or wrongfully withheld by an employee or ex-employee or anyone claiming under them. ..... ] [emphasis supplied]on that basis ultimately, this court concluded that the employee would include the legal heirs of the deceased employee.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC649; 2001ALLMR(Cri)985(SC); 2001(1)ALT(Cri)294; [2001]104CompCas424(SC); 2001CriLJ961; [2001(88)FLR962]; JT2001(2)SC36; (2001)ILLJ726SC; 2001(1)SCALE232; [2001]1SC
..... beneficient 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 ..... creating penal liability embracing the case of an existing employee or an officer of the company and includes a past officer or a past employee of the company; ii) clause (b) is equally independent and distinct from clause (a) as regards penal consequences and its squarely applies to the cases of past employees or officers; iii) the entitlement of the officer or employee to the allotted property of the company is contingent upon the right and capacity of the officer of the employee by virtue of his employment to continue in possession ..... shipping corporation of india : (1988)iillj202sc holding that the expression 'officer or employee of a company' applies not only to existing officer or employee but also includes past officers or employees where such officer or employee; either (a) wrongfully obtains possession of any property, or (b) wrongfully ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000CriLJ4635; JT2000(10)SC506; 2000(6)SCALE371; (2000)7SCC632; [2000]Supp3SCR250; 2000(2)LC1406(SC)
..... police station to take charge and keep in safe custody of articles seized under the act within the local area of that police station which may be delivered to him (emphasis supplied) and shall allow any officer who may accompany such article to the police station or who may be deputed for the purpose to affix his seal to such articles or to take samples of and from them and all samples so taken shall also ..... of this section, the expression 'public place' includes any public conveyance, hotel, shop or other place intended for use by, or accessible to, the public.section 49 of the act provides:power to stop and search conveyance--any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance, in respect of which he suspects that any provisions of this act has ..... departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or the border security force, specially empowered by general or special order by the central government, or any such officer of the revenue, drugs control, excise, police or any other department of a state government empowered in that behalf by general or special order, if he has reason to believe from personal knowledge or information given by any person that any narcotic ..... he was told by the accused that the truck may be searched by any officer or employee. .....
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