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Search Results for "erstwhile directors"

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Supreme Court

Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

1 Aug 2026

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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...

Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

9 Jul 2019

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Allows Petition Challenging Disqualification of Directors in Co-operative Housing Society Case — Violation of Natural Justice. Order of Assistant Registrar set aside as show cause notice lacked grounds and no hearing was given before disqualification under Section 75 of Goa Co-operative Societies Act, 2001.

7 Jan 2016

The petitioners, four members of the Board of Directors of M/s Sapana Garden Co-operative Housing Society Ltd, challenged an order dated 8.1.2015 pass...

High Court

Bombay High Court Allows Petitioners in Co-operative Housing Society Disqualification Case — Violation of Natural Justice. Order of disqualification passed without show cause notice and opportunity of hearing set aside as arbitrary and illegal under Goa Co-operative Housing Societies Act, 2011.

7 Jan 2016

The petitioners, who were members of the Board of Directors of M/s Sapana Garden Co-operative Housing Society Ltd, challenged an order dated 8.1.2015 ...

Supreme Court

Supreme Court Dismisses Petitions Challenging Extension of Government Management Under Industries Act, Upholding Interpretation of Section 18A Conditions. Extension of Industrial Undertaking Management Upheld as Statutory Conditions Relate to Owner's Management Period and Continue During Government Control.

1 May 1957

The Supreme Court decided a group of petitions challenging an order that extended the Central Government's management of certain sugar mills. The orig...

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