Search Results for "section 397"

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Search Results for "section 397"

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High Court

Bombay High Court Allows Company Appeal Against CLB Order Dismissing Petition for Oppression and Mismanagement as Not Maintainable Due to Lack of Proper Verification Under Company Law Board Regulations. The Court held that procedural defects like improper verification are curable and cannot be a ground to reject a petition under Sections 397 and 398 of the Companies Act, 1956 when the petitioners hold the requisite shareholding under Section 399(1).

31 Oct 2012

The case involves a Company Appeal filed by Mr. Pratik B. Mehta and others (Appellants/Original Petitioners) against Uniform Offset Private Limited an...

Supreme Court

Supreme Court Upholds Death Penalty for Rape and Murder of Young Woman in Maharashtra — Conviction Based on DNA Evidence and Circumstantial Links. The Court held that the chain of circumstantial evidence, including last seen together and DNA matching, was complete and consistent with the guilt of the appellant, and the case fell within the 'rarest of rare' category for imposition of death penalty.

20 Feb 2025

The Supreme Court of India dismissed the criminal appeal filed by Chandrabhan Sudam Sanap against the judgment of the Bombay High Court, which had uph...

High Court

Bombay High Court Upholds MCOCA Charges Against Accused in Robbery Case — Prior Approval Under Section 23(1)(a) Valid and Charge Not Required to Be Re-Framed After Sanction. The court held that the prior approval under Section 23(1)(a) of the MCOC Act is a condition precedent for investigation, not for framing charge, and the charge can be framed on the basis of material collected during investigation.

21 Apr 2014

The appellant, Anwar Elahi Fazal Elahi Khan, was an accused in MCOC Special Case No.18 of 2012 arising out of Crime No.151 of 2009 registered at Dahis...

High Court

High Court of Karnataka Dismisses Father's Revision Against Maintenance Order for Daughter's Post-Graduation Fees. Court upholds daughter's right to education under Section 125 CrPC and Section 20 of the Protection of Women from Domestic Violence Act, 2005, holding that father is liable to pay educational expenses even for a major daughter if she is unable to maintain herself.

17 Jul 2026

The case involves a criminal revision petition filed by Mr. Vincent Correa (father) against an order directing him to pay Rs.16,00,000/- to his daught...

High Court

Bombay High Court Quashes Proceedings Against Manufacturer in Food Adulteration Case Due to Belated Filing After Expiry of Best Before Date. Right Under Section 13(2) of Prevention of Food Adulteration Act, 1954 Frustrated as Complaint Filed 16 Months After Best Before Date.

11 Dec 2024

The applicant, M/s Hindustan Coca-Cola Beverages Pvt. Ltd., a manufacturing company, filed an application under Section 482 of the Code of Criminal Pr...

High Court

Bombay High Court Dismisses Husband's Second Appeals in Matrimonial Dispute, Upholds Wife's Right to Maintenance and Conjugal Rights. Acquittal in criminal case does not automatically disentitle wife to civil reliefs under Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance Act, 1956.

23 Dec 2015

The appellant husband and respondent wife married on 16 June 2002. Shortly after marriage, the wife alleged she was forced to leave the matrimonial ho...

High Court

High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Conviction Set Aside Due to Non-Examination of Complainant. Failure to examine complainant under Section 200 CrPC renders complaint not maintainable and conviction unsustainable.

24 Apr 2024

The petitioner, Sri B G Uday, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, chal...

High Court

Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

14 Mar 2017

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

High Court

High Court of Bombay at Aurangabad Considers Criminal Appeal Against Conviction Under Sections 395, 397 IPC. The Court Examines the Identification of Accused in a Dacoity Case Where No Test Identification Parade Was Conducted.

29 Sep 2006

Background: This criminal appeal arose from a judgment of the IIIrd Adhoc Additional Sessions Judge, Parbhani, in Sessions Case No. 63 of 2004, convic...

High Court

Bombay High Court Dismisses Appeal by Secured Creditor IDBI in Company Petition for Oppression and Mismanagement — Upholds CLB Order Refusing Interim Relief. Court holds that a secured creditor cannot maintain a petition under Sections 397 and 398 of the Companies Act, 1956 for alleged mismanagement, as the remedy lies under the SARFAESI Act or other recovery laws.

30 Nov -0001

The case involves an appeal by Industrial Development Bank of India Ltd. (IDBI), a secured creditor, against an order of the Company Law Board (CLB) r...

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