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Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

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Bombay High Court Convicts Directors for Default in Filing Statement of Affairs Under Section 454(5) of Companies Act, 1956 — Failure to Submit Statement Despite Repeated Court Orders and Notices Constitutes Offence Without Reasonable Excuse.

The Official Liquidator of M/s. Geeta Marine Services Pvt. Ltd. filed a complaint under Section 454(5) of the Companies Act, 1956 against four accused...

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Supreme Court Allows CBI Appeal Against Quashing of FIR in Foreign Contribution Case — High Court Erred in Adjudicating Disputed Facts Under Section 482 CrPC. Offence Under FCRA 1976 Not Compoundable Under FCRA 2010.

The Supreme Court allowed the appeal filed by the Central Bureau of Investigation (CBI) against the judgment of the Delhi High Court quashing the FIR,...

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High Court of Karnataka Delivers Judgment on Petition to Quash FIR Under Section 482 Cr.P.C. Involving Alleged Bribery Under Prevention of Corruption Act, 1988. Court Analyzes Ingredients of Sections 7(a) and 7A in Light of Allegations of Demand and Acceptance of Illegal Gratification.

The petitioner, a public servant formerly serving as Special Land Acquisition Officer-II with the Karnataka Industrial Areas Development Board, sought...

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High Court of Bombay Considers Revision Against SEBI Special Court's Rejection of Discharge in SEBI Prosecution for Non-Payment of Penalty. Vicarious Liability of Directors Under Section 27 SEBI Act Questioned Due to Absence of Specific Averments in Complaint.

The matter arose from four Criminal Revision Applications filed before the High Court of Bombay challenging a common order of the SEBI Special Court t...

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Supreme Court Upholds Conviction of Bank Manager in Embezzlement Case — Circumstantial Evidence Sufficient to Prove Criminal Conspiracy and Misappropriation of Funds

The appellant, N. Raghavender, was the Branch Manager of Sri Rama Grameena Bank, Nizamabad Branch from May 1990 to September 1995. He was convicted by...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...