Search Results for "Section 48"

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Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal to Continue Winding Up Petition in High Court Amidst Insolvency Proceedings Under IBC. Held that winding up petitions under Section 433(e) of Companies Act, 1956 where notice has been served under Rule 26 of Companies (Court) Rules, 1959 are not automatically transferred to NCLT and may continue in High Court, but such continuation does not bar initiation or continuation of independent insolvency proceedings under IBC by other creditors.

22 Jan 2019

The appeal arose from an operational creditor's challenge to the continuation of insolvency proceedings under the Insolvency and Bankruptcy Code, 2016...

Supreme Court

Supreme Court Restores Criminal Proceedings in Property Fraud Case — High Court Erred in Quashing Final Report Under Section 482 CrPC Without Considering Merits. The Court Held That Once a Final Report Under Section 173 CrPC Concludes a Prima Facie Case, the Accused Must Seek Discharge Before the Magistrate, Not Quashing.

22 Jan 2019

The appellant, Sau Saraswatibai, filed a criminal complaint alleging that she purchased a plot from respondent No.1 (Lalitabai) via a registered sale ...

Supreme Court

Supreme Court Quashes Complaint Against Director in Cheque Dishonour Case for Non-Joinder of Company. Prosecution under Section 138 NI Act cannot proceed without arraigning the company as an accused, and notice of demand must be served on the company.

17 Jan 2019

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the respondent against the appellant, Himanshu, alleg...

Supreme Court

Supreme Court Allows Appeal in Consolidation Dispute, Restores Equitable Allocation of Chak on Pitch Road to All Cosharers. The Court held that until a holding is partitioned under Section 176 of the U.P. Zamindari Abolition & Land Reforms Act, 1950, every cosharer has a right to a chak on the road frontage, and the High Court erred in interfering with the equitable orders of the Settlement Officer and Deputy Director of Consolidation.

9 Jan 2019

The appellant, Hansraj, was the original Bhumidhar of Plot No.677 in Village Bahria, District Basti, along with his brother Bansraj. Bansraj sold his ...

Supreme Court

Supreme Court Sets Aside High Court Order Directing Complainant to Approach Sessions Court First in Revision, Restores Case for Merits Hearing. The Court declined to decide the question of concurrent revisionary jurisdiction under Section 397 CrPC due to the long pendency of the case since 2002 and the need for speedy justice.

8 Jan 2019

The case pertains to a criminal appeal arising from an order of the Delhi High Court dated 28.10.2014, which dismissed the revision petition filed by ...

Supreme Court

Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

8 Jan 2019

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

Supreme Court

Supreme Court Allows Appeal in Cheque Dishonour Case: Successive Presentation and Statutory Notice Permissible Under Section 138 NI Act. The Court held that a complaint based on a second statutory notice after successive dishonour of cheques is maintainable, following the ratio in MSR Leathers v. S. Palaniappan.

8 Jan 2019

The appellant, M/s. Sicagen India Ltd., filed criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, against the respondents, ...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Share Dispute Case — Allegations of Cheating and Forgery Found Baseless as Shares Were Jointly Held and Not Purchased by Complainant. The Court held that the complaint did not disclose any offence under Sections 406, 420, 467, 471, 323, 504, 506, 447, 448 IPC and quashed the proceedings under Section 482 CrPC.

8 Jan 2019

The Supreme Court allowed the appeal and quashed the criminal proceedings against the appellants. The background of the case involves a family dispute...

Supreme Court

Supreme Court Remands Case to High Court for Fresh Disposal Due to Unreasoned Order Under Section 482 CrPC. High Court's Dismissal of Application to Quash Charge Sheet Set Aside for Lack of Reasoning.

7 Jan 2019

The appellant, Monu, filed a criminal appeal against the order of the Allahabad High Court dismissing his application under Section 482 of the Code of...

Supreme Court

Supreme Court Allows State Appeal Against Quashing of Non-Compoundable Offence Proceedings. Settlement Between Complainant and Accused Cannot Justify Quashing of Section 307 IPC Charges as Offence is Non-Compoundable Under Section 320 CrPC.

4 Jan 2019

The State of Madhya Pradesh appealed against the High Court's order quashing criminal proceedings against Kalyan Singh and others for offences under S...

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