Court : Delhi
..... liability where the legislature by the clearest intendment establishes an offence where liability arises instantly upon the breach of the statutory prohibition, no particular state of mind is a prerequisite to guilt. corporations and individual persons stand on the same footing in the face of such a statutory offence. it is a case of w.p.(crl) ..... stands covered by the decision of this court in 171 (201) dlt198indraprastha medical corp. ltd. vs. state (nct of delhi) wherein this court categorically held that for a deliberate or negligent act of the doctor working in the corporation or hospital no criminal negligence or criminal liability can be w.p.(crl) 2971/2017 page 10 of ..... we do not express any opinion on that issue. in kalpnath rai v. state air1998(sc) 201 sc made following observations: or e.g. the company is not a natural person. we are aware that in many recent penal statutes, companies or corporations are deemed to be offenders on the strength of the acts committed by persons .....
Tag this Judgment!Court : Delhi
..... said judgment would have no application to the facts of the present case.35. in fmi investment p. ltd. (supra), this court was dealing with the claim of inter-corporate deposit/loan, while in case of monnet finance (supra), it was a case of loan for purchase of equipment. these were o.m.p. (comm) nos.176 & 190 ..... purposes of the present petitions and are reproduced hereinbelow: 3. bill of exchange/hundi shall be with recourse to drawer. therefore the liability to repay amount to morgan securities &credits private limited (hereinafter referred to as "the discounting company") on the due date shall be of drawer and- drawee jointly and severally. in case the drawee does not ..... or cattle or buys agriculture produce or cattle for his own use. in the present case the respondent no.1 and 2 are in the business where one bought the goods of the other. therefore, respondents are traders.32. for the reasons stated above, i am of the considered view that the transaction in question was neither a loan .....
Tag this Judgment!Court : Delhi
..... the hands of canadian traders . robert hryniak was the principal of the company tropos capital inc., which traded in bonds and debt instruments; gregory peebles, is a corporate-commercial lawyer (formerly of cassels brock & blackwell) who acted for hryniak, tropos and robert cranston, formerly a principal of a panamanian company, frontline investments inc. xxx ..... . the strictness with which the courts view the responsibility and the sacredness of the trust reposed in the directors was emphasised long time back in imperial mercantile credit assn. v. coleman, (1873) l.r. 6 h.l.189) in that case one coleman broker and a director of a financial company, had ..... of the su-kam marks, when he submitted his bid for the plaintiff company during the ongoing insolvency proceedings.5. learned senior counsel for the plaintiff stated that the defendant no.1, by his representations/acts/admissions, had intentionally caused others, including the plaintiff, to believe that the plaintiff was the rightful .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1989)31ITD29(Delhi)
..... of commerce and industry, conveyed to the company a sanction of rs. 2 lakhs "as grant-in-aid". this letter was captioned as follows : state trading corporation - initial establishment and miscellaneous expenditure - transfer of funds - sanctioned.the amount in question was sanctioned before the company had commenced its trading activities. ..... context otherwise requires -- (4) (i) scientific research means any activities for the extension of knowledge in the fields of natural or applied science including agriculture, animal husbandry or fisheries; (ii) references to expenditure incurred on scientific research include all expenditure incurred for the prosecution, or the provision of facilities ..... decision taken by the earlier bench cannot be assailed or deviated from as incorrect.7. we fully, appreciate this argument and give due credit to the learned departmental representative for having advanced this brilliant argument. we agree with him for the aforementioned reasons that the assessee is an .....
Tag this Judgment!Court : Delhi
..... valuable right to controvert the analysis report by getting the other sample tested or red-analysed from the cil. as mentioned earlier, the state of rajasthan has already declared the assistant agricultural chemist (quality control), durgapura, jaipur, as insecticide analyst under section 19 of the act. therefore, in such circumstances, the insecticide inspector ..... how and in what manner the director was in charge and responsible to the accused company for conduct of its business. relying on national small industries corporation ltd., the supreme court held as under:22. this court has repeatedly held that in case of a director, the complaint should specifically spell out ..... in the complaint as to how and in what manner the director/officer is responsible to the company for the conduct of its business. in national small industries corporation ltd. v. harmeet singh paintal & anr., (2010) 3 scc 330.the supreme court analysed the provisions of section 141 of the negotiable instruments act, 1881 .....
Tag this Judgment!Court : Delhi
..... be corrected or enforced must be in discharge of a public function. the role of the state expanded enormously and attempts have been made to create various agencies to perform the governmental functions. several corporations and companies have also been formed by the government to run industries and to carry on ..... reduced by payments and disbursement to the members and other beneficiaries such credits and debits being made in accordance with the rules.12. in the event of the corporation being wound up reconstructed, reconstituted or amalgamated with any other corporation, the trustees may make such in connection with incurred by the trustees ..... 1/ntpc. the same reads as under:-"in respect of self contributory superannuation benefit (pension) scheme for memorandum of agrement ntpc employees between national thermal power corporation limited, a company incorporated under the companies act, 1956 and having its registered office at ntpc bhawan, scope complex, 7, institutional area, lodi road, .....
Tag this Judgment!Court : Delhi
..... justice s. ravindra bhat % facts:1. the... petitioners are a joint-venture consortium bidding for both the subject tenders. the respondents are the dedicated freight corridor corporation of india ltd. (dfcc) a central government psu, and the ministry of railways. the dfcc had issued a tender for procurement of design, supply, construction, ..... (stay) reserved on:26. 07.2017 pronounced on:28. 08.2017 consortium of alstom transport india ltd. & alstom transport s.a. & anr ........ petitioners versus dedicated freight corridor corporation of india ltd. & anr ........ respondents present: mr. neeraj kishan kaul, sr. adv. with mr. dinesh pardasani, mr. milanka chaudhry and ms. ashly cherian, advocates for ..... stating that ail has sold and transferred the transport business of ail to atil on slump sale basis, and the transaction was completed on 31.03.2014. since the transport division/undertaking of ail w.p.(c) 5312/2017 & 5550/2017 page 2 of 20 purchased by atil is not a legal entity, credit .....
Tag this Judgment!Court : Delhi
..... ex.pw-12/f. it is deposed that payment of cheque no.277100 dated 6th january, 2000 for an amount of 41,166/- drawn on the state bank of india r.k. puram branch was credited in account no.6956 of the appellant on 21st january, 2000 after deducting the collection charges. in respect of the third allegation relating to sanction of ..... cbi is not certified in terms of section 2a of the act and hence not admissible in evidence. thus, the prosecution has failed to prove credit entry of 60,000/- in the account of the appellant in state bank of india, r.k. puram. 15.5. vijay kumar sethi, (pw-34) assistant manager uco bank exhibited the account opening form in ..... only proved the production-cum-seizure memo ex.p-vide which the attested copy of the account opening form of account no.29933 state bank of india. r.k. puram, certified copy of the statement of account, original credit voucher dated 8th december, 1999 for 60,000/- were seized. however, pw-1 did not exhibit the certified copy of the statement .....
Tag this Judgment!Court : Delhi
..... ex.pw-12/f. it is deposed that payment of cheque no.277100 dated 6th january, 2000 for an amount of 41,166/- drawn on the state bank of india r.k. puram branch was credited in account no.6956 of the appellant on 21st january, 2000 after deducting the collection charges. in respect of the third allegation relating to sanction of ..... cbi is not certified in terms of section 2a of the act and hence not admissible in evidence. thus, the prosecution has failed to prove credit entry of 60,000/- in the account of the appellant in state bank of india, r.k. puram. 15.5. vijay kumar sethi, (pw-34) assistant manager uco bank exhibited the account opening form in ..... only proved the production-cum-seizure memo ex.p-vide which the attested copy of the account opening form of account no.29933 state bank of india. r.k. puram, certified copy of the statement of account, original credit voucher dated 8th december, 1999 for 60,000/- were seized. however, pw-1 did not exhibit the certified copy of the statement .....
Tag this Judgment!Court : Delhi
..... license with regard to safety of its guests. the sate further contended that in terms of section 2(34b) of the delhi municipal corporation act, 1957 and the ratio of sushil ansal v. state through cbi in (2014) 6 scc173the petitioners are "occupiers" of the hotel and therefore liable for the illegal statutory violations and omission ..... 117 of 142 above the said exercise of powers is limited by the guiding para meters in municipal corporation of delhi vs. ram kishan rohtagi and ors., criminal appeal no.701 of 1980 decided on 01.12.1982, state of a.p. vs. gourishetty mahesh and ors. criminal appeal no.1252 of 2010 (arising out of ..... zandu pharmaceutical works v. mohd. sharaful haque manu/sc/0932/20 2005crilj92 ; indian oil corporation v. nepc india ltd. manu/sc/3152/20 air2006sc2780 , and sonapareddy maheedhar v. state of andhra pradesh manu/sc/0068/20 2008crilj1375, reiterated the observations in ; state of haryana v. bhajan lal manu/sc/0115/19 1992crilj527, dhanlakshmi vs. r. prasanna kumar .....
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