Search Results for "fiduciary capacity"

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Bombay High Court Grants Bail to Applicant in Financial Fraud Case Involving Deposit of Rs. 1.25 Crore. Applicant's Detention Not Justified as Investigation Complete and Trial Likely to Be Protracted, Meeting Triple Test for Bail Under Section 439 Cr.P.C.

The applicant, Milind Satish Sawant, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in conne...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Allows University Petition Against SCIC Order on RTI Procedure for Answer Books. Vice Chancellor's Circular Requiring RTI Applications to be Made to PIO Held Valid Under Section 14(8) of Maharashtra Universities Act, 1994, Not Inconsistent with RTI Act, 2005.

The University of Pune filed a writ petition challenging an order of the State Chief Information Commissioner (SCIC) dated 27 December 2013. The SCIC ...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Bombay High Court Upholds Information Commission Order Directing MPSC to Disclose Answer Keys and Marksheets in Recruitment Examination. MPSC's Claim of Fiduciary Relationship and Exemptions Under RTI Act Rejected; Transparency in Public Recruitment Upheld.

The judgment arises from three writ petitions concerning the disclosure of answer keys and marksheets of candidates who appeared for a recruitment exa...

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Bombay High Court Dismisses Appeal in Share Dispute Case — Upholds Trial Court's Refusal of Interim Injunction. Court held that the appellants failed to establish a prima facie case for restraining the pledge of shares, as the shares were not proved to be held in a fiduciary capacity.

The case involves a dispute between two branches of the Arya family over shares of Arya Iron & Steel Co. Pvt. Ltd. The appellants, Ravi Arya and other...