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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "common directors"

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High Court

Madras High Court Upholds Sections 74 and 75(1) of Tamil Nadu Cooperative Societies Act, 1983 and Common Cadre Service Rules for Cooperative Societies. The Court held that the impugned provisions and rules are constitutionally valid and do not violate Article 19(1)(c) or Article 43B of the Constitution.

5 Mar 2026

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the constitutional validity of Sections 74 a...

High Court

Bombay High Court Allows Appeal Against Dismissal of Writ Petition Challenging Cooperative Court Order in Bank Loan Recovery Dispute. Limitation Period for Filing Execution Application Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Is 12 Years, Not 3 Years.

20 Sep 2025

The appeal arises from an order dated 3 November 2004 of a learned Single Judge of the Bombay High Court dismissing the Appellant's Writ Petition No.2...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

High Court

High Court of Karnataka Allows Petitions Challenging Appointment of Administrator and Election Notification for Cooperative Societies. Violation of Section 30 of Karnataka Cooperative Societies Act, 1959 and Rules 13, 14 of Karnataka Cooperative Societies Rules, 1960.

5 Jan 2024

The petitioners, directors of various cooperative societies, challenged the appointment of an Administrator and the subsequent election notification i...

Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Quashes Criminal Complaint Against Directors for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Official Capacity, Making Sanction Mandatory Before Prosecution.

23 Apr 2010

The applicants, Mr. Arvind Navinchandra Mafatlal and Mr. Hrishkesh Arvind Mafatlal, filed a criminal application under Section 482 of the Criminal Pro...

High Court

Bombay High Court Dismisses Revision Applications Challenging Civil Court Jurisdiction in Company Disputes — Alternative Remedy Under Companies Act Does Not Imply Ouster of Civil Court Jurisdiction. The court held that the remedy under Sections 397, 398, 402, and 403 of the Companies Act, 1956 is not equally efficacious as a civil suit for declaration and injunction, and therefore the civil court retains jurisdiction.

20 Jun 2005

The case involves two civil revision applications arising from S.C. Suit No.3789 of 1995 and S.C. Suit No.3790 of 1995 filed in the City Civil Court a...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement for Sale of Basement Premises. Agreement Not Proved and Relief Barred by Limitation and Doctrine of Part Performance.

4 Feb 2005

The plaintiffs, a partnership firm, filed a suit for specific performance of an oral agreement dated 30.11.1977 for the purchase of a basement-cum-god...

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