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Supreme Court Upholds Penalty on Managing Director in FEMA Violation Case — Failure to Complete Import Formalities Constitutes Continuing Offence. Liability under Section 10(6) of FEMA, 1999 attaches to person responsible for conduct of business regardless of change in management.

The appeal arose from complaint proceedings initiated by the Enforcement Directorate under Section 16(3) of the Foreign Exchange Management Act, 1999 ...

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Supreme Court Quashes Charges Against Hotel Managing Director and General Manager in Guest Fall Case — No Criminal Negligence Established. Vicarious Liability Not Attracted Under Sections 336/338 IPC and Section 4 COTPA Without Specific Allegations of Active Role.

The Supreme Court allowed the appeals filed by Shiv Kumar Jatia (accused No.2, Managing Director) and Aseem Kapoor (accused No.4, General Manager) aga...

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Bombay High Court Quashes School Management Transfer Order Due to Arbitrary Exercise of Discretion and Lack of Reasons under Secondary School Code. Non-Application of Mind and Breach of Fiduciary Duty by Trustees Rendered Order Invalid; Guidelines Framed to Fill Legislative Vacuum.

The dispute arose from the transfer of management of a school run by Matoshri Bahuuddeshiya Shikshan Sanstha, Nagpur, to another society. Two writ pet...

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Karnataka High Court Allows Writ Petition Challenging Appointment of Director in BESCOM Board Without Hearing. Impugned Order Quashed for Violation of Principles of Natural Justice Under Article 226 of Constitution of India.

The petitioner, G Ashok Kumar, was working as Managing Director of Karnataka Vidyuth Karkane and was also a nominated Director (Technical) on the Boar...

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Bombay High Court Quashes Criminal Proceedings Against Directors for Alleged Failure to Furnish Information in Auditor's Report Under Section 217(5) of Companies Act, 1956 — Inordinate Delay of 5-7 Years in Issuing Show Cause Notice Held Unreasonable and an Abuse of Process.

The petitioners, who were directors of M/s Timblo Private Limited, filed a criminal writ petition under Article 226 of the Constitution read with Sect...