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Search Results for "offences under securities law"

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High Court

Bombay High Court Dismisses Bank's Application to Reject Plaint in Commercial Suit for Recovery of Fixed Deposits Allegedly Misappropriated by Bank Manager. Court Holds That Dispute Arising from Breach of Contractual Terms of Fixed Deposit Constitutes a Commercial Dispute Under Section 2(1)(c) of Commercial Courts Act, 2015, Despite Allegations of Fraud.

10 Jun 2024

The Bombay High Court dismissed an interim application filed by the State Bank of India (defendant) under Order VII Rule 11 CPC seeking rejection of t...

High Court

Bombay High Court Allows Appeal Against Condonation of Delay in MPID Act Case — Designated Court Has No Power to Condon Delay Beyond 90 Days Under Section 5(3) of MPID Act. Limitation Period for Filing Application Under Section 5(3) is 90 Days, Delay Cannot Be Condoned Beyond That Period as MPID Act is a Complete Code.

17 Feb 2020

The appellants, Mr. Nimish s/o Satish Deopujari, Mr. Satish s/o Shankarrao Deopujari, and Sau. Vandana w/o Satish Deopujari, filed an Appeal Against O...

High Court

High Court of Karnataka Directs Re-Hearing in PIL on Park Land Encroachment Due to Violation of Natural Justice. Undertakings Recorded for Park Development and Slum Rehabilitation Under Karnataka Slum Areas Act; Review Petitions Allowed, Matter Restored for Fresh Adjudication.

21 Dec 2018

The petitioner, a federation of residents' welfare associations, filed a public interest litigation in 2006 alleging encroachment on approximately 3 a...

High Court

Bombay High Court Quashes FIR Against Valuers in Cheque Dishonour Case — No Offence Under Section 138 NI Act as Complainant Failed to Prove Debt Legally Enforceable. The court held that the presumption under Section 139 NI Act is rebuttable and the complainant must prima facie show a legally enforceable debt.

6 Dec 2017

The judgment pertains to three criminal applications filed by Ramesh Dahyalal Shah, Yardi Prabhu Consultants & Valuers Pvt. Ltd., and Ashwinkumar Shet...

High Court

Bombay High Court Upholds Revenue's Appeal Partly Allowed by ITAT in Income Tax Penalty Case — Penalty Under Section 221(1) Excludes Interest. The Court held that penalty under Section 221(1) of the Income Tax Act, 1961 is leviable only on the tax amount, not on interest under Sections 234A, 234B, and 234C.

1 Jul 2017

The case involves an appeal by the Revenue (Commissioner of Income Tax-8) against the order of the Income Tax Appellate Tribunal (ITAT) partly allowin...

High Court

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.

6 May 2016

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

High Court

Bombay High Court Grants Anticipatory Bail to Accused in MVAT Act and IPC Fraud Case — No Custodial Interrogation Required as Documents Seized. Court Held That Since Documents Were Already Seized and Applicant Was Not Required for Custodial Interrogation, Anticipatory Bail Under Section 438 CrPC Could Be Granted.

9 May 2013

The applicant, Hasmukh Jagasi Visharia, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) in...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Kar Vivad Samadhan Scheme Declaration Under Section 72 of Customs Act, 1962. Declaration Filed Beyond Scope of Scheme as It Sought to Include Disputes Not Covered by Pending Appeal.

29 Sep 2010

The petitioners, Anup Engineering Limited and Shri V.R. Shah, filed a writ petition in the High Court of Judicature at Bombay challenging an order/com...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Kar Vivad Samadhan Scheme Declaration Due to Non-Compliance with Section 90(2) of Finance Act, 1998. Court holds that the Designated Authority must consider the declaration on merits and cannot reject it solely on the ground that the declarant had not paid the tax determined under the Scheme within the prescribed time.

28 Apr 2006

The petitioner, M/s. Swam Mills Ltd., a composite textile mill, was served with 14 show cause notices for recovery of differential duty of approximate...

High Court

Bombay High Court Allows Writ Petition Against Rejection of KVSS Declaration — Post-Manufacturing Expenses Dispute. The court held that an appeal is pending until the order is communicated to the party, and thus the declaration under Section 95 of the Finance (No.2) Act, 1998 was validly filed.

19 Jan 2006

The petitioner, M/s. Pepsico India Holdings Ltd., a company engaged in manufacturing aerated water, soft drinks, and fruit-pulp based drinks, was issu...

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