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Search Results for "SEBI jurisdiction"

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High Court

Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

3 Dec 2025

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

High Court

Bombay High Court Quashes Prosecution for Tax Evasion Under Section 276C(2) of Income Tax Act Where Tax Paid Before Sanction and No Wilful Default Established. Non-payment of tax due to death of managing partner and ignorance of partners does not constitute wilful attempt to evade tax under Section 276C(2) read with Section 278B of Income Tax Act, 1961.

5 Feb 2024

The applicants, Unique Trading Company (a partnership firm) and its partners Munnidevi P. Purohit, Rakesh P. Purohit, and Mukesh P. Purohit, filed an ...

High Court

Bombay High Court Dismisses Stay Application in Arbitral Award Challenge — No Automatic Stay Under Section 36 of Arbitration Act Without Strong Prima Facie Case. Court holds that mere filing of Section 34 petition does not warrant stay; applicant must demonstrate irreparable harm and balance of convenience.

14 Dec 2020

The judgment concerns an interim application filed by Kishor N Shah and others (the Shahs) under Section 36 of the Arbitration and Conciliation Act, 1...

High Court

Bombay High Court Allows Revenue's Appeal in Transfer Pricing Case Due to Non-Application of Mind by ITAT. Tribunal's order set aside for failing to consider the TPO's detailed analysis and rejecting comparables without proper reasoning under Section 92C of the Income Tax Act, 1961.

27 Feb 2020

The appeal was filed by the Pr. Commissioner of Income Tax - 6 under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appe...

High Court

Bombay High Court Quashes Provisional Attachment and Stay Rejection in Income Tax Case — Violation of Natural Justice and CBDT Circular. Petitioner's Bank Accounts Attached Without Prior Hearing; Court Directs Restoration of Status Quo Pending Appeal.

26 Mar 2019

The petitioner, Milestone Real Estate Fund, a real estate fund, challenged the provisional attachment of its assets under Section 281B of the Income T...

High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

Bombay High Court Sanctions Scheme of Arrangement Involving Gift of Shares and Reduction of Securities Premium Account. The court held that a scheme involving a gift of shares held by a company in another company to its shareholders and a reduction of the securities premium account by the book value of the investment is an arrangement under Section 391(1) of the Companies Act, 1956, and the reduction of the securities premium account does not require compliance with the procedure for reduction of share capital under Sections 100-104 of the Companies Act, 1956 or Section 52 of the Companies Act, 2013.

15 Sep 2015

The petitioner, Indian Seamless Enterprises Limited, filed a petition under Sections 391 to 394 of the Companies Act, 1956 seeking sanction of a schem...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank AG Against Pearl Engineering Polymers Limited Due to Bona Fide Dispute Over Debt. The court held that a winding-up petition under Sections 433(e) and 434 of the Companies Act, 1956, cannot be maintained when the debt is genuinely disputed, as the summary jurisdiction is not meant for adjudicating complex factual disputes.

19 Nov 2012

The petitioner, Deutsche Bank AG, a foreign bank constituted under German law and authorized to carry on banking business in India, filed a winding-up...

High Court

Bombay High Court Sanctions Scheme of Arrangement for Cairn India Limited with Foreign Subsidiaries Under Sections 391 and 394 of the Companies Act, 1956. The court approved the transfer of Indian undertakings from four foreign subsidiaries to the Indian listed company to simplify corporate structure.

22 Jun 2010

The petitioner, Cairn India Limited, a company incorporated under the Companies Act, 1956 and listed on Indian stock exchanges, filed a petition under...

High Court

Bombay High Court Quashes Criminal Proceedings Against Agent in Investment Scheme Fraud Case — Lack of Evidence of Dishonest Intention at Inception. Petitioner, a student agent appointed to mobilize investments, cannot be held liable under Section 420 IPC for alleged cheating by the company when there is no material to show he had fraudulent intent from the beginning.

4 May 2006

The petitioner, Ravi Ratan Badlani, was a 23-year-old student pursuing his final year B.Com. He was appointed as an agent by Arrow Global Agrotech Ltd...

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