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High Court of Karnataka Quashes FIR Against Company and Directors in Prevention of Corruption Act Case Due to Lack of CBI Jurisdiction. Registration of FIR Without Involvement of Public Servant and Based on RBI Master Circular Held Without Authority, and Section 120B IPC Cannot Apply Standalone.

The case involved Associate Lumbers Private Limited and its directors, who had availed loan facilities from Corporation Bank (later Union Bank of Indi...

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High Court of Bombay Orders Partial Release of Goods from Court Receiver's Custody in Section 9 Arbitration Petition. Goods Not Included in Petitioner's Claim List Released on Petitioner's Consent, Pending Determination of Third-Party's Bona Fide Purchaser Status.

JSW Steel Limited entered into a Franchise Agreement dated 1 July 2018 with three sister concerns (Delta Iron & Steel Co. Pvt. Ltd., Yatin Steels Indi...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

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Bombay High Court Allows Second Appeal and Decrees Suit for Possession Entirely in Favor of Original Plaintiff. Persons Named in Fraudulent Mutation Entries and Land Development Bank Are Not Necessary Parties Under Sections 47, 48, and 118(5) of the Maharashtra Cooperative Societies Act, 1960.

The second appeal before the Bombay High Court arose from a suit for declaration and possession of agricultural lands filed by the original plaintiff ...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief. Reassessment Based on Borrowed Satisfaction from Investigation Wing Without Independent Application of Mind by Assessing Officer is Invalid.

The Petitioner, Nirmal Bang Securities Pvt. Ltd., challenged a notice dated 30th March 2007 issued under Section 148 of the Income Tax Act, 1961 for r...

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Bombay High Court Quashes Willful Defaulter Declaration Against Non-Executive Woman Director for Violation of Natural Justice. Show-Cause Notice Mandatory Under RBI Master Circular Before Declaring Non-Whole-Time Director as Willful Defaulter.

The petitioner, Manjula Bhatia, a non-executive woman director of PSL Limited, challenged the letter dated 16 July 2018 issued by Bank of Baroda decla...

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Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

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High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Accused Failed to Rebut Presumption Under Section 139 NI Act. Concurrent findings of fact by lower courts not interfered with as accused's mere denial of debt insufficient to rebut statutory presumption.

The case involves a criminal revision petition filed by the accused, Sri N. Jagadeesh, against his conviction under Section 138 of the Negotiable Inst...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Properties under SAFEMA. Detention Order Under COFEPOSA Validly Triggers SAFEMA Proceedings Despite Non-Execution of Detention and Redemption of Confiscated Currency.

The petitioner, Smt. Yamini S. Bhagwanji, challenged the forfeiture of three immovable properties and certain bank accounts under the Smugglers and Fo...