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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

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Bombay High Court Grants Interim Injunction Restraining Invocation of Bank Guarantee in Supply Contract Dispute. Prima Facie Fraud and Irreparable Injury Established by Plaintiff Supplier Against Beneficiary.

The plaintiff, M/s. Arad Metering Technologies Ltd., filed a suit seeking a restraint order against Defendant No.1, Axelia Utility Management Pvt. Ltd...

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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over property sale agreement held to be purely contractual, not constituting criminal offence under Section 420 IPC.

The petitioners, Sourish Bose and Deepanvita Ghosh, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Sec...

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Bombay High Court Restores Pre-Arrest Bail in Investment Fraud Case — Suppression of Facts Not Proven. Cancellation of anticipatory bail set aside as the applicant had not suppressed material facts and the cancellation was based on unsubstantiated allegations.

The case involves an application by Rajesh Thomas Menzes challenging an order dated 11 May 2023 passed by the Additional Sessions Judge, Vasai, which ...

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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over unpaid loan and property transfer held to be purely contractual, not constituting criminal breach of trust or cheating under Section 420 IPC.

The petitioners, Sourish Bose and Deepanvita Ghosh, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Sec...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...