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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.

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...

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Supreme Court Allows Revenue's Appeal, Holds Managing Agents' Group Controlling Over 75% Voting Power Excludes Company from 'Public Interest' Under Section 23A. Partners of Managing Agency Forming a Controlling Group Cannot Be Counted as Public for Purposes of Exemption Under Income-tax Act, 1922.

The dispute arose under the Indian Income-tax Act, 1922, concerning the applicability of Section 23A to a company where the Income-tax Officer sought ...

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High Court of Karnataka Allows Petition Under Section 482 CrPC Challenging Rejection of Application Under Section 305(6) CrPC for Appointment as Company Representative. The court held that the trial court's order doubting the genuineness of resignation was unsustainable and directed fresh consideration.

The petitioner, Krishnaswamy Sridhar, was accused No.4 in Special C.C. No.245/2002 pending before the XLVI Additional City Civil and Sessions Judge an...

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Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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High Court of Bombay Adjudicates Appeals Against Company Law Board's Investigation Order Under Section 237(b)(i) of Companies Act, 1956. Appeals challenge the order directing investigation into the affairs of companies allegedly linked to Ketan Parekh in the 2001 stock scam.

The judgment pertains to 14 appeals filed by various companies alleged to be controlled by Ketan Parekh, the central figure in the 2001 stock market s...

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Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averment of Their Responsibility at Time of Cheque Issuance.

The applicants, Mukund Ajay Kumar Choudhary, Kapil Ajay Kumar Choudhary, and Ajay Kumar Choudhary, were directors of CLC Industries Ltd., the accused ...