Court : Delhi
..... consent, about (iii) in the case of a director, secretary or manager (as defined in section 2(24) of the companies act) or a person referred to in clauses (e) and (f) of section 5 of companies act, an averment in the complaint that he was in-charge of, and was responsible to the company, for the conduct of the business of the company is necessary to bring the case under section 141(1). ..... union of india, 2014 scc online guj 10066; (2015) 2 glh156 the court while deciding the issue noted the categories of directors under the companies act and the listing agreement prescribed by securities and exchange board of india (in short sebi) as: ..... director: if so authorized by the articles or by a resolution passed by the company in general meeting, the board may appoint an alternate director to act for a director ( original director ), who is absent for whatever reason for a minimum period of three months from the state in which the meetings of the board are ordinarily held. ..... , nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as a whole. ..... /20016, 3279/2016, 3280/2016, 3281/2016, 3282/2016, 3283/2016, 3284/2016, 3285/2016, 3286/2016, 3287/2016, 3288/2016 and 3289/2016 challenges the order dated 9th may, 2016 summoning him for offence punishable under sections 138 read with 142 of the negotiable instruments act (in short the ni act) in criminal complaint cases nos. .....
Tag this Judgment!Court : Delhi
..... consent, about (iii) in the case of a director, secretary or manager (as defined in section 2(24) of the companies act) or a person referred to in clauses (e) and (f) of section 5 of companies act, an averment in the complaint that he was in-charge of, and was responsible to the company, for the conduct of the business of the company is necessary to bring the case under section 141(1). ..... union of india, 2014 scc online guj 10066; (2015) 2 glh156 the court while deciding the issue noted the categories of directors under the companies act and the listing agreement prescribed by securities and exchange board of india (in short sebi) as: ..... director: if so authorized by the articles or by a resolution passed by the company in general meeting, the board may appoint an alternate director to act for a director ( original director ), who is absent for whatever reason for a minimum period of three months from the state in which the meetings of the board are ordinarily held. ..... , nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as a whole. ..... /20016, 3279/2016, 3280/2016, 3281/2016, 3282/2016, 3283/2016, 3284/2016, 3285/2016, 3286/2016, 3287/2016, 3288/2016 and 3289/2016 challenges the order dated 9th may, 2016 summoning him for offence punishable under sections 138 read with 142 of the negotiable instruments act (in short the ni act) in criminal complaint cases nos. .....
Tag this Judgment!Court : Delhi
..... consent, about (iii) in the case of a director, secretary or manager (as defined in section 2(24) of the companies act) or a person referred to in clauses (e) and (f) of section 5 of companies act, an averment in the complaint that he was in-charge of, and was responsible to the company, for the conduct of the business of the company is necessary to bring the case under section 141(1). ..... union of india, 2014 scc online guj 10066; (2015) 2 glh156 the court while deciding the issue noted the categories of directors under the companies act and the listing agreement prescribed by securities and exchange board of india (in short sebi) as: ..... director: if so authorized by the articles or by a resolution passed by the company in general meeting, the board may appoint an alternate director to act for a director ( original director ), who is absent for whatever reason for a minimum period of three months from the state in which the meetings of the board are ordinarily held. ..... , nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as a whole. ..... /20016, 3279/2016, 3280/2016, 3281/2016, 3282/2016, 3283/2016, 3284/2016, 3285/2016, 3286/2016, 3287/2016, 3288/2016 and 3289/2016 challenges the order dated 9th may, 2016 summoning him for offence punishable under sections 138 read with 142 of the negotiable instruments act (in short the ni act) in criminal complaint cases nos. .....
Tag this Judgment!Court : Delhi
..... consent, about (iii) in the case of a director, secretary or manager (as defined in section 2(24) of the companies act) or a person referred to in clauses (e) and (f) of section 5 of companies act, an averment in the complaint that he was in-charge of, and was responsible to the company, for the conduct of the business of the company is necessary to bring the case under section 141(1). ..... union of india, 2014 scc online guj 10066; (2015) 2 glh156 the court while deciding the issue noted the categories of directors under the companies act and the listing agreement prescribed by securities and exchange board of india (in short sebi) as: ..... director: if so authorized by the articles or by a resolution passed by the company in general meeting, the board may appoint an alternate director to act for a director ( original director ), who is absent for whatever reason for a minimum period of three months from the state in which the meetings of the board are ordinarily held. ..... , nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as a whole. ..... /20016, 3279/2016, 3280/2016, 3281/2016, 3282/2016, 3283/2016, 3284/2016, 3285/2016, 3286/2016, 3287/2016, 3288/2016 and 3289/2016 challenges the order dated 9th may, 2016 summoning him for offence punishable under sections 138 read with 142 of the negotiable instruments act (in short the ni act) in criminal complaint cases nos. .....
Tag this Judgment!Court : Delhi
..... consent, about (iii) in the case of a director, secretary or manager (as defined in section 2(24) of the companies act) or a person referred to in clauses (e) and (f) of section 5 of companies act, an averment in the complaint that he was in-charge of, and was responsible to the company, for the conduct of the business of the company is necessary to bring the case under section 141(1). ..... union of india, 2014 scc online guj 10066; (2015) 2 glh156 the court while deciding the issue noted the categories of directors under the companies act and the listing agreement prescribed by securities and exchange board of india (in short sebi) as: ..... director: if so authorized by the articles or by a resolution passed by the company in general meeting, the board may appoint an alternate director to act for a director ( original director ), who is absent for whatever reason for a minimum period of three months from the state in which the meetings of the board are ordinarily held. ..... , nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as a whole. ..... /20016, 3279/2016, 3280/2016, 3281/2016, 3282/2016, 3283/2016, 3284/2016, 3285/2016, 3286/2016, 3287/2016, 3288/2016 and 3289/2016 challenges the order dated 9th may, 2016 summoning him for offence punishable under sections 138 read with 142 of the negotiable instruments act (in short the ni act) in criminal complaint cases nos. .....
Tag this Judgment!Court : Delhi
..... consent, about (iii) in the case of a director, secretary or manager (as defined in section 2(24) of the companies act) or a person referred to in clauses (e) and (f) of section 5 of companies act, an averment in the complaint that he was in-charge of, and was responsible to the company, for the conduct of the business of the company is necessary to bring the case under section 141(1). ..... union of india, 2014 scc online guj 10066; (2015) 2 glh156 the court while deciding the issue noted the categories of directors under the companies act and the listing agreement prescribed by securities and exchange board of india (in short sebi) as: ..... director: if so authorized by the articles or by a resolution passed by the company in general meeting, the board may appoint an alternate director to act for a director ( original director ), who is absent for whatever reason for a minimum period of three months from the state in which the meetings of the board are ordinarily held. ..... , nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as a whole. ..... /20016, 3279/2016, 3280/2016, 3281/2016, 3282/2016, 3283/2016, 3284/2016, 3285/2016, 3286/2016, 3287/2016, 3288/2016 and 3289/2016 challenges the order dated 9th may, 2016 summoning him for offence punishable under sections 138 read with 142 of the negotiable instruments act (in short the ni act) in criminal complaint cases nos. .....
Tag this Judgment!Court : Delhi
..... of the court has been sought for merely to correct or smoothen the progress of the election proceedings, to remove the obstacles therein, or to preserve a vital piece of evidence if the same would be lost or destroyed or rendered irretrievable by the time the results are declared and stage is set for invoking ..... anything done towards completing or in furtherance of the election proceedings cannot be described as questioning the election.3) subject to the above, the action taken or orders issued by election commission are open to judicial review on the well-settled parameters which enable judicial review of decisions of statutory bodies such as on a case of mala fide or arbitrary exercise of power being made out or the statutory body being shown to have acted in breach of law.4) without interrupting, obstructing or delaying the progress of the election proceedings, judicial intervention is available if assistance .....
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..... kumar ohri1 this petition has been filed under article 226 of the constitution of india read with section 80a of the representation of people act, 1951 seeking the following prayers: (i) to quash the order dated 07.06.2016 qua petitioner at sr.no.17; (ii) also to quash the order dated 24.04.2019 passed by the respondent no.5; (iii) to direct the respondent no.5 to accept the all nomination papers as valid filed by the petitioner on 22.04.2019 and also permit the petitioner to contest the general elections to house of people, 2019 from 04-new delhi parliamentary ..... constituency; wp (c)4515/2019 page 1 of 11 (iv) to stay the all proceedings of the general elections to the house of people, 2019 .....
Tag this Judgment!Court : Delhi
..... the admissibility of the discovery of a fact under section 27 of the evidence act, 1872 had stated that the word fact as contemplated in section 27 of the indian evidence act is not limited to the actual physical possession of material object , wherein the same also includes the mental awareness and the knowledge of ..... the appellant, further submitted that although the appellant is alleged to have made a disclosure statement pointing out the relevant std/pco shop, the said pointing out memos do not fall within the purview of section 27 of the evidence act, and are not admissible in evidence in the eyes of law, because the two witnesses gajender singh (pw-5) & shyam babu (pw-6), who used to run the subject std/pco shops, failed to identify any of the ..... the part of the disclosure statement, namely, that the appellant was ready to show the place where he had concealed the clothes of the deceased is clearly admissible under section 27 of the evidence act because the same relates distinctly to the discovery of the clothes of ..... or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the government or any foreign state or international inter- governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine. 36. section 364a .....
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..... 109 itr508 the madras high court held that the word " payment" in the said section means the act of paying and, therefore, in that case it was held that payment by the company to karuppiah chettiar was for the benefit of the assessee, the managing director of the company, l. ..... the court observed pertinently that: if the contention of the assessee is accepted, in no case a partnership firm can come within the mischief of section 2(22)(e) of the act because of the reason that shares would be purchased by the firm in the name of its partners as the firm is not having any separate entity of its own. ..... the assessing officer (ao) held that the amount was a loan from sisicol to the assessee through the use of the company's agent, the firm, which was a conduit and a device adopted to bypass application of section 2(22)(e) of the income-tax act, 1961 (hereinafter, referred to as the act ). ..... as per the circular issued by the sebi dated march 31, 1975, interpreting section 187c of the companies act, relied on by the learned counsel for the assessee himself, a partnership firm is not a person capable of being a "member" within the meaning of section 47 of the companies act. ..... the question of law urged by the revenue in this appeal (and the writ petition) is: whether the amount of rs.1,84,19,305 was deemed dividend in the hands of the assessee under the provisions of section 2 (22) (e) of the income tax act, 1961?. 2. .....
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