Search Results for "managing director liability"

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Search Results for "managing director liability"

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High Court

High Court of Karnataka Considers Whether Commercial Dispute Can Give Rise to Criminal Proceedings; Cites Apex Court Precedent on Distinction Between Breach of Contract and Cheating. The Petition Seeks Quashing of FIR Registered Under Sections 406, 420, 120B, and 34 IPC Arising Out of Allegedly Defective Bus Supply, With the Court Examining the Abuse of Process Doctrine.

9 Nov 2022

The matter arose from a commercial dispute between Scania Commercial Vehicles India Pvt. Ltd. (the manufacturer/seller) and K.T. Rajashekar, proprieto...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice and Absence of Averments Regarding Debt Legally Enforceable. The court held that the complainant failed to establish the existence of a legally enforceable debt and that the demand notice was not served in accordance with Section 138 of the Negotiable Instruments Act, 1881.

26 Apr 2021

The judgment involves multiple criminal writ petitions filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Pr...

High Court

High Court of Bombay at Goa Dismisses Writ Petition of Chronic Defaulters Seeking Mandamus to Accept Proposal and Restrain Sale of Attached Property Under Section 29 of State Financial Corporation Act. No Writ Lies in Favor of Defaulters Who Failed to Repay Loans and Keep Assurances, and Corporation Acted Within Its Powers Under Section 29 of State Financial Corporation Act, 1951.

22 Feb 2006

The petitioners, Falcon Retreat Pvt. Ltd. and its Managing Director Anthony Rosario Fernandes, filed a writ petition before the High Court of Bombay a...

High Court

Bombay High Court Full Bench Examines Whether Affidavit Verification Can Bypass Examination Under Section 200 CrPC in Cheque Dishonour Cases under Section 138 NI Act. Reference Made to Reconcile Conflicting Views on Section 145 NI Act's Impact on Summary Trial Procedure.

7 Dec 2010

The Bombay High Court was seized of a reference to a Full Bench arising from Criminal Writ Petition No. 2523 of 2010, filed by the accused (Chief Fina...

High Court

CONTEMPT PETITION NO.2 OF 2015

9 Feb 2016

The petitioner filed a contempt petition alleging willful disobedience of a direction in an order dated 21.10.2013, passed in Company Application (L) ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Discharge Application in CBI Bank Fraud Case — Petitioner Failed to Make Out a Case for Discharge Under Section 227 CrPC as Prima Facie Evidence of Conspiracy and Fraud Existed.

12 Jul 2018

The petitioner, Nandlal Chaturvedi, filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 29 Januar...

High Court

Bombay High Court Quashes Criminal Proceedings Against Sleeping Partner and Employees in Drugs Case for Lack of Specific Allegations. Vicarious Liability Cannot Be Imposed Without Showing That Accused Was In Charge of Business Under Section 34 of Drugs and Cosmetics Act, 1940.

25 Aug 2014

The Bombay High Court dealt with an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case No....

High Court

High Court of Karnataka [Outcome Not Available] in Criminal Petition to Quash FIR Under Sections 406, 417, 418, 420, 465 Indian Penal Code, Involving Joint Development Agreement Dispute. Court Examined Whether Allegations Constituted Criminal Offences or Mere Civil Breach, Emphasizing Need for Dishonest Intention at Inception for Cheating.

3 Feb 2020

The matter involved a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash FIR No. 168/2018 registered at Hig...

High Court

Bombay High Court Quashes Process Against Directors in Food Safety Act Case — Lack of Vicarious Liability. Directors cannot be held liable under the Food Safety and Standards Act, 2006 without specific averments of their role in the offence.

5 Mar 2024

The petitioners, including a company and its erstwhile directors, challenged an order of the Additional Sessions Judge, Sangli, which dismissed their ...

High Court

High Court of Karnataka Reserves Orders on Company's Petition to Quash Criminal Case for Alleged Cheating of Rs 36 Crores. Commercial Property Transaction Dispute Resulted in FIR; Petitioners Claim Abuse of Process Amid Pending Civil and Insolvency Proceedings.

6 Aug 2024

The High Court of Karnataka heard a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, filed by Patel Engineering Limited an...

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