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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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High Court

Bombay High Court Quashes Proceedings Against Director in Cheque Dishonour Case for Lack of Specific Allegations. Resignation Prior to Cheque Issuance and Absence of Specific Averments Under Section 141 NI Act Lead to Quashing Under Section 482 CrPC.

14 Aug 2015

The applicant, Vijay Khairatilal Bhatia, was accused No. 5 in a criminal complaint filed by Bhagirath Chandulal Arya (respondent No. 1) under Section ...

High Court

Bombay High Court Allows Appeal in FEMA Case — Nominee Director Not Vicariously Liable for Acts of Subordinates. The Court held that a nominee director of a joint venture company cannot be held vicariously liable under the Foreign Exchange Management Act for acts of commission or omission of subordinates without specific knowledge or involvement.

16 Sep 2010

The appellant, Shri M.M. Shah, was the paid Managing Director of Indian Card Clothing Ltd. (ICC) from 1994 to 1997. ICC and Spifa Germany promoted a j...

High Court

High Court of Bombay Dismisses Appeal Against CLB Order Refusing Transfer of Company Petition. Chairman's Quasi-Judicial Order Held Amenable to Section 10F but Lacks Power to Transfer Part-Heard Matter or Constitute Special Bench.

30 Nov 2012

The appeal arose from an order of the Chairman, Company Law Board (CLB) rejecting an application to transfer a partly-heard company petition from the ...

High Court

High Court of Karnataka Dismisses Petition by Foreign Shareholder Challenging Constitutional Validity of Section 272(1)(e) Companies Act, 2013. Section 272(1)(e) is not ultra vires the Constitution; second proviso to Section 272(3) does not apply to petitions under Section 272(1)(e).

28 Apr 2021

The petitioner, Devas Employees Mauritius Private Limited, a company incorporated under the laws of Mauritius and a shareholder of Devas Multimedia Pr...

High Court

Bombay High Court Allows Director's Petition to Drop Proceedings in Food Adulteration Case — Nominee Already Declared Under Section 17 of Prevention of Food Adulteration Act, 1954. Director Cannot Be Prosecuted When Company Has Nominated a Person Responsible for Conduct of Business.

19 Jun 2013

The petitioner, Afzal Abdul Khalek Ahmed, a director of M/s Recon Oil Industries Ltd., filed a criminal writ petition challenging an order dated 9th M...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Companies Act Case — Lack of Sanction Under Section 447 of Companies Act, 2013. Complaint Filed Without Prior Approval of Central Government or Authorized Body as Required Under Section 439 of Companies Act, 2013, Rendering Proceedings Invalid.

26 Nov 2015

The judgment pertains to a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by ten petitioners who were dir...

High Court

Bombay High Court Hears Appeals Against Admission of Winding Up Petition in Shareholder Deadlock Case. The core issue concerns whether a petitioner who is not the registered shareholder can maintain a winding up petition after the registered shareholder merged into it.

20 Feb 2006

The dispute concerned the winding up of Capital Controls India Private Limited, a joint venture between Chloro Controls (India) Private Limited and Se...

High Court

Bombay High Court Allows Petition to Quash Complaint Against Former Technical Advisor in Cheque Dishonour Case. Petitioner Not a Director or Incharge of Company Affairs at Time of Cheque Issuance, Hence Not Vicariously Liable Under Section 138/141 of Negotiable Instruments Act, 1881.

16 Oct 2012

The petitioner, M.M. Pangarkar, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of complaint S...

Supreme Court

Supreme Court Allows Appeals in NI Act Case: Director Can Be Prosecuted Without Company Being Arraigned as Accused if Complaint Contains Requisite Averments Under Section 141. The Court held that the absence of the company as an accused is not fatal and lack of specific averments can be cured, restoring the summoning order against the director.

9 Dec 2022

The Supreme Court considered appeals against the High Court of Allahabad's judgment quashing criminal proceedings under Section 138 of the Negotiable ...

High Court

Bombay High Court Quashes Section 179 Order Against Director in Income Tax Recovery — Director Not in Charge During Relevant Period. Section 179(1) of Income Tax Act, 1961 requires that the person sought to be made liable must have been in charge of and responsible for the conduct of business of the company during the relevant period; mere directorship at the time of default is insufficient.

20 Feb 2023

The petitioner, Geeta P. Kamat, challenged an order dated 22 December 2017 passed by the Income Tax Officer under Section 179 of the Income Tax Act, 1...

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