Search Results for "cognizance against body corporate"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "cognizance against body corporate"

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Tribunals

NCLAT Dismisses Appeal Against EGM for Share Capital Increase in Insolvency Context — No Prima Facie Case for Injunction as RP Had Not Objected to Proposed Resolution Plan. The court held that the appellant, a financial creditor with 99.41% voting share in the CoC, failed to establish a prima facie case for restraining the EGM of a subsidiary company to increase its authorized share capital, as the RP had not objected to the proposed restructuring.

28 Oct 2025

The case involves an appeal filed by GLAS Trust Company LLC, the principal financial creditor of Think and Learn Private Limited (TLPL), which is unde...

High Court

High Court of Karnataka Quashes Defamation Complaint Against Political Party for Lack of Specific Allegations. BJP's Criminal Proceedings Under Sections 499, 500 IPC Set Aside as Complaint Did Not Disclose How the Party Itself Committed the Offence.

22 Feb 2024

The petitioner, Bharatiya Janata Party (Karnataka State Unit), filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, without specific allegations that they were in charge of and responsible for the conduct of the business at the time the offence was committed.

6 Oct 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C. No. ...

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

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Non-Compliance with Mandatory Pre-Litigation Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. The statutory notice must demand payment of the cheque amount; a notice that only threatens legal action is invalid and cannot sustain prosecution.

21 Oct 2022

The petitioner, Sri M. Gopal, was the accused in C.C. No. 561/2016 pending before the Principal Civil Judge and JMFC, Mulabagal, arising out of P.C.R....

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Chartered Accountant in SFIO Complaint for Non-Compliance with Summons Under Companies Act, 1956. Complaint Filed Under Section 200 Cr.P.C. for Violation of Section 240(3) and Section 209A of Companies Act, 1956 Held Not Maintainable as SFIO Must File Complaint Under Section 240(4) of the Act.

19 May 2022

The petitioner, Sanjay Sreesha, a Chartered Accountant, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking t...

Supreme Court

Supreme Court Allows Compounding Application in SEBI Act Case, Overturning Lower Court Decisions on Consent Requirement. Court Holds That Section 24A of Securities and Exchange Board of India Act, 1992 Does Not Mandate SEBI's Consent for Compounding, and Compounding Can Be Considered at Advanced Trial Stages Based on Factual Assessment.

23 Jul 2021

The dispute arose from a criminal prosecution under Section 24(1) of the Securities and Exchange Board of India Act, 1992, against the appellant, a di...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Partner in Corruption Case Due to Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Proceedings Initiated Without Valid Sanction for Prosecution of a Public Servant Are Void Ab Initio.

3 Jun 2019

The petitioner, K. Janardhana Reddy, a partner of M/s S.B. Logistics, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

High Court

Bombay High Court Quashes Criminal Proceedings Against Society Members in Wildlife Act Case — No Prior Sanction Obtained. Proceedings under Sections 9, 39, 44, 49B, 50, 51, 52 of the Wildlife (Protection) Act, 1972 and Section 482 CrPC quashed for lack of mandatory sanction under Section 55 of the Act.

4 Oct 2017

The applicants, who were members of Sindhu Education Society, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ch...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993.

10 Mar 2017

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respon...

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