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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted as Loan Advanced in 2010, Cheque Issued in 2012, Debt Not Legally Enforceable.

The case involves a criminal revision petition filed by the accused, Gundu Sidray Birje, challenging his conviction under Section 138 of the Negotiabl...

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Madras High Court Dismisses Appeal of Bank Clerk Convicted of Forgery and Fraud, Upholds Dismissal. Evidence of Witnesses and Documents Sufficient to Prove Misconduct in Domestic Enquiry Without Handwriting Expert.

The appellant, S. Thangavelu, was a Clerk/Shroff at Indian Overseas Bank. On 24.07.2011, he was issued a charge memo for stealthily removing a cheque ...

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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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High Court of Karnataka Allows Appeal in Companies Act Case — Acquittal Set Aside for Non-Prosecution of Director. Section 452 of Companies Act, 2013 requires that a director must be prosecuted for the company's default; acquittal of director without trial on merits is illegal.

The appellant, M/s. P.M. Granites Exports Pvt. Ltd., filed a complaint under Section 452 of the Companies Act, 2013 against the respondent, T. Manohar...

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High Court Dismisses Writ Petitions Challenging Arbitrator's Orders Refusing Additional Documents. Arbitrator's discretion to close evidence and reject additional documents upheld as not exceeding jurisdiction under Arbitration and Conciliation Act, 1996.

The petitioner, Radiant Infosystems Limited, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging two orders p...

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Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

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Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...