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...of Article 12 of the Constitution of India, the State of Bihar having deep and pervasive control over the affairs thereof can be held to be liable to render all assistance to the said companies so as...confined to the shares held by it but having regard to the deep and pervasive control it exercises over the government companies; in the matter of enforcement of human rights and/or rights of the...deep and pervasive control would in its turn make the Government of Bihar liable to see that the life and liberty clause in respect of the employees is fully safeguarded. The Government of the State of...
...applicable for prosecuting officers of the public sector undertakings or the government companies when on account of deep and pervasive control of finance and administration of such undertakings .... In support of the contention that sanction under Section 197 of the Code of Criminal Procedure is warranted in the case of officers of public undertakings and government companies having deep and pervasive ...government companies conform to various tests of deep and pervasive control of the Government over such public undertakings or the government companies as indicated in some of the decisions of this Court...
...not a case where the State had deep and pervasive control over the affairs of the Society. It was pointed out that out of three Directors in the Board, the State could appoint only one. The decision...has not been shown before us that the State exercises any direct or indirect control over the affairs of the Society for deep and pervasive control. The State furthermore is not the majority...Directors are nominated by the State. For arriving at the conclusion that the State has a deep and pervasive control over the Society, several other relevant questions are required to be considered, namely...
...opinion, a writ will lie against a co-operative society which is an instrumentality of the State because of the deep and pervasive control of the State Government. However, no writ will lie against a...a deep and pervasive control over it.4. The petition is, therefore, dismissed....., Kanpur, and he has challenged the impugned order. In our view, the respondent society is a purely private body and not an instrumentality of the State and hence, no writ lies against it. It is settled...
...the deep and pervasive control exercised by the government over the running of aided schools. It is pointed out that the control is exercised over almost all areas of management. The Committee of...alleging that teachers employed in government aided private schools are entitled to parity with the teachers employed in government schools in the matter of pay scales and other emoluments such as dearness...allowance, house rent allowance, city compensatory allowance, medical reimbursement and gratuity, etc. It appears that prior to 1967 there was considerable disparity in the emoluments of teachers...
...companies and as such it cannot escape its liability having regard to the fact that it had deep and pervasive control including financial control over the affairs of the said companies. Mr Mishra...India, the State of Bihar having deep and pervasive control over the affairs thereof can be held to be liable to render all assistance to the said companies so as to fulfil its own and/or the.... Although in law, its liability towards the debtors of the company may be confined to the shares held by it but having regard to the deep and pervasive control it exercises over the government companies...
...Government.9. It is, thus, obvious that the State Government has a deep and pervasive control on the aided schools. The government schools and the aided schools...the respondents was arbitrary and unjustified in the facts of the present case. As mentioned above, the respondent-schools are recognised, aided and are under deep and pervasive control of the Sta...Pradesh framed rules called Grants-in-Aid Rules (the Rules) which are incorporated in the Himachal Pradesh “Education Code”.5. Rules 45-Q and 45-J which are in conformity with...
...matter, as there is no deep and pervasive control exercised by the Government over the Company, though certain financial aid was given by it for specific purposes. The Government however, does not...under the deep and pervasive control of the Government.11. The dictionary meaning of “pervasive” has been provided hereunder:“It means that...a company/corporation, and then assess whether the State in such a case is only a regulatory authority, or if it has deep and pervasive control over such a company/corporation, whether such company...
...factor … whether the corporation enjoys monopoly status which is State-conferred or State-protected.(4) Existence of deep and pervasive State control may...any direction to the Mill nor determine its policy as it is an autonomous body. The State has no control at all in the functioning of the Mill much less a deep and pervasive one. The role of the...financial condition. From the said letter, which is in the advisory capacity, it cannot be inferred that the State had any deep and pervasive control over the Mill. Thus, we find none of the indicia exists...
...various tests laid down by the Supreme Court in various decisions, e.g whether there is deep and pervasive control of the Government, extent of the shareholding of the Government, etc. It cannot be laid...enjoys monopoly status which is State-conferred or State-protected.(4) Existence of deep and pervasive State control may afford an indication that the Corporation is a State agency or...Co-operative Societies Act clearly show the deep and pervasive control in the Government and Registrar over the societies. We shall refer to some of those provisions.Section...
...intent and purport is the sole shareholder. Although in law, its liability towards the debtors of the company may be confined to the shares held by it but having regard to the deep and pervasive control it...rights of employees of such corporations are not infringed.31. The right to exercise deep and pervasive control would in its turn make the Government of...Government, the Board and the Rural Electrification Corporation brought into existence a society registered under the Bihar Cooperative Societies Act, known as the “Futwah-Phulwarisharif Gramya Vidyut Sahakari...
...to appoint and remove the Directors. Each activity of the company is controlled by the Central Government. For such deep and pervasive control of the appellant company by the Central Government, the...is deep and pervasive control of the Central Government over all the activities of the appellant company. The appellant company is not only a “State” within the meaning of Article 12 of the...existence of deep and pervasive control of the Central Government over these banks.16. Mr Gupta has, therefore, submitted that the appellant is essentially a government...
...Corporates. There was deep and pervasive control and they were statutory Corporations. But when they came to the case of Sabhajit Tewary (supra), the Writ Petition before the Apex Court was dismissed...deep and pervasive control and distinction between statutory and non-statutory Corporations.25. The next is the celebrated Judgment of the Apex Court in the case of...as noticed in Paragraph 13 of the Reports-AIR of the said Judgment. Thus, in my view, the test evolved was whether it was instrumentality or agency of the Government and whether there was deep and pervasive ...
...Supreme Court has in para-10 held as follows:-“(10) It has not been shown before us that the State exercises any direct or indirect control over the affairs of the Society for deep and pervasive ...the affairs of the society in the sense that the majority directors are nominated by the State. For arriving at the conclusion that the State has a deep and pervasive control over the Society...control over the affairs of the Society for deep and pervasive control. The State furthermore is not the majority shareholder. The State has the power only to nominate one director. It cannot, thus, be...
...Constitution and whether writ petition would lie. Their Lordships held that it is settled position that to treat such an institution as a State, it is necessary to show that there was deep and pervasive ...Society for deep and pervasive control. The State furthermore is not the majority shareholder. The State has the power only to nominate one Director. It cannot, thus, be said that the State exercises any...functional control over the affairs of the Society in the sense that the majority Directors are nominated by the State. For arriving at the conclusion that the State has a deep and pervasive control over...
...affairs of the society which is deep and all pervasive. The supervisory or general regulation under the statute over the cooperative societies, which are body corporate does not render activities of the body so regulated as...the Society for deep and pervasive control. The State furthermore is not the majority shareholder. The State has the power only to nominate one Director. It cannot, thus, be said that the State...exercises any functional control over the affairs of the Society in the sense that the majority Directors are nominated by the State. For arriving at the conclusion that the State has a deep and pervasive ...
...is a trust registered under the Societies Registration Act.However, from the entire body of the Writ Petition there is nothing to show the deep and pervasive control of the ‘State’ so...Tapen Sen, J.:— In this Writ Petition the Petitioner has prayed for an Order for quashing the Memo. dated 26.12.2011 issued by the Secretary of the Kotibarsha Institute of Technology and...Educare Foundation. Learned Counsel for the Petitioner, drawing the attention of this Court to the impugned Order itself, submits that the Kotibarsha Institute of Technology and Management is...
...against him. He cannot invoke the writ jurisdiction of this Court as respondent/school is neither funded by the State nor is there deep and pervasive control exercised by State Government...this writ petition. Learned counsel for petitioner submits that notice has been issued without providing him an opportunity of hearing and hence it was illegal.3. Admittedly, respondent...is a private educational institution. Petitioner being employed as a teacher, has to avail alternative remedy if he is aggrieved by the order of suspension and the decision taken to initiate enquiry...
...the Board of Directors and the decisions are also of the Board and not by the Government. No department of the Government has been transferred to the Company. Accordingly, there is no deep and pervasive St...Corporation and on consideration of such nature of trading together with the financial assistance and deep and pervasive State control and also on consideration of the fact that the said ...share capital is principally owned by the President of India. In the matter of constitution of the Board of Directors, there is deep and pervasive control of the Central Government and the nominees...
...for the reason that ICSSR has a 'deep and pervasive' control over CRRID as it has its nominee in the Governing Body, which had taken all the important decisions which have now been questioned by ICSSR...learned Single Judge and the learned judges of the Division Bench of the High Court have considered the above provision to be amounting to a 'deep and pervasive' control by the State! However, it is to be...any reasons.
16. The presence of one or even two members of ICSSR in a Governing Body of twelve does not amount to 'deep and pervasive' control of the State. Even...