LAWS(SC)-1986-4-6

CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED Vs. BROJO NATH GANGULY / TARUN KANTI SENGUPTA

Decided On April 06, 1986
CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED Appellant
V/S
BROJO NATH GANGULY Respondents

JUDGEMENT

(1.) These Appeals by Special Leave granted by this Court raise two questions of considerable importance to Government companies and their employees including their officers. These questions are:

(2.) Although the record of these Appeals is voluminous, the salient facts lie within a narrow compass. The First Appellant in both these Appeals, namely, the Central Inland Water Transport Corporation Limited (hereinafter referred to in short as "the Corporation"), was incorporated on February 22, 1967. The majority of the shares of the Corporation were at all times and still are held by the Union of India which is the Second Respondent in these Appeals, and the remaining shares were and are held by the State of West Bengal and the State of Assam. Section 617 of the, Companies Act, 1956 (Act No. I of 1956) provides as follows:

(3.) Clause III(A) of the Memorandum of Association of the Corporation lists the main objects of the Corporation and clause III(B) of the Memorandum of Association lists the objects incidental or ancillary to the main objects. It is' unnecessary to reproduce all these objects for according to the Petitions filed by the Corporation for obtaining Special Leave in these Appeals, it is currently engaged in carrying out the following activities, namely,