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Search Results for "Erstwhile directors"

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Supreme Court

Supreme Court Quashes Complaint Against Directors in Punjab Land Preservation Act Case — No Offence Disclosed on Plain Reading of Complaint. The Court held that a complaint under Section 4 of the Punjab Land Preservation Act, 1900 must specify which clause of Section 4 is violated, and vague allegations without material particulars do not constitute a prima facie case.

6 Jan 2025

The Supreme Court allowed an appeal against the judgment of the Punjab and Haryana High Court which had refused to quash a criminal complaint under Se...

High Court

High Court of Karnataka Quashes Criminal Proceedings in NI Act Case Due to Company Having Been Dissolved Prior to Issuance of Cheque. Director Not Held Liable Under Section 138 of Negotiable Instruments Act, 1881 as Company Struck Off Under Companies Act, 1956.

1 Jul 2026

Background: The petitioner, a director of Giga Networks Private Limited, approached the High Court under Section 482 of the Code of Criminal Procedure...

High Court

High Court of Bombay at Nagpur Allows Petition Against Stay of Section 138 NI Act Proceedings Due to Insolvency Moratorium — Directors Not Entitled to Protection Under IBC as They Are Not Corporate Debtors. The court held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not extend to directors of a corporate debtor, and criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against them cannot be stayed.

26 Sep 2025

The petitioner, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, who are a com...

High Court

Bombay High Court Dismisses Ex-Promoters' Gratuity Claims, Holds Directors in Control Not 'Employees' Under Payment of Gratuity Act. Founders who were in absolute control of company affairs cannot claim gratuity as employees despite drawing salary, as they fall outside the definition of 'employee' under Section 2(e) of the Payment of Gratuity Act, 1972.

20 Aug 2024

The petitioners, Anil Govind Ganu and Ashwini Anil Ganu, were the founders and directors of Innovative Technomics Pvt. Ltd. They claimed gratuity for ...

High Court

High Court of Karnataka Allows Appeal Against Setting Aside of Exparte Winding Up Order — Directors Failed to Show Sufficient Cause for Non-Appearance. Service of Notice at Registered Office Deemed Sufficient Under Section 433(e) of Companies Act, 1956.

26 Aug 2015

The case involves an appeal filed by M/s Shah Polymers, a partnership firm, against an order of the Company Court dated 4.12.2014 that set aside an ex...

High Court

Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

14 Mar 2017

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

28 Nov 2022

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

Supreme Court

Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

1 Aug 2026

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

High Court

High Court of Judicature at Bombay Hears Appeals Against Rejection of Applications for Rejection of Plaint in Multi-Crore Commodity Default Suit. Order 7 Rule 11 CPC Applications by Nominee Directors Dismissed at Threshold; Court to Examine Plaint Averments on Director Involvement in Spot Exchange Defaults.

5 May 2016

The High Court of Judicature at Bombay, in its Ordinary Original Civil Jurisdiction, considered two appeals filed by Gopal Shrinivasan and Shankar Bal...

High Court

High Court of Judicature at Bombay Hears Appeal Against Company Law Board Order in Oppression and Mismanagement Petition. Company Appeal No.19 of 2009 Challenges CLB's Findings on Reduction of Shareholding, Removal of Director, and Valuation of Land Under Sections 397 and 398 of the Companies Act, 1956.

21 Sep 2015

The case involved a dispute between shareholders of Pantheon Infrastructure Pvt. Ltd., a company formed to acquire and develop a 13-acre property in M...

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