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Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

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Karnataka High Court Upholds Dismissal of Bank Officer in Disciplinary Proceedings for Reckless Lending and Negligent Compromise of Securities. Non-furnishing of Investigation Report Did Not Prejudice Defence as Charges Were Based on Clear Evidence and Admission.

The appellant, Sri M R Nagarajan, a former Branch Manager of Syndicate Bank (later merged with Canara Bank), was subjected to a disciplinary enquiry o...

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Bombay High Court Allows Discharge of Accused in Corruption Case Due to Lack of Prima Facie Evidence of Conspiracy or Misappropriation. Applicant, a Medical Superintendent, was not shown to have any role in the alleged conspiracy or misappropriation of government funds.

The case involves a criminal revision application filed by Dr. Narendra Mawale, accused No.5 in Special Case No.5 of 2009, challenging the order dated...

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Supreme Court Allows Appeal Against Deposit Condition in Anticipatory Bail — Pre-Arrest Bail Cannot Be Used as Recovery Mechanism Under Section 438 CrPC in Cheating Case Under Section 420 IPC.

The Supreme Court addressed a recurring issue where courts, while granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973...

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Supreme Court Allows IDBI Bank's Appeal in Winding Up Case — Revival of Winding Up Proceedings Set Aside and Sale Deed Directed to Be Executed. Agreement to Sell Not Fraudulent Preference Under Section 531 of Companies Act, 1956 as Executed Beyond Six-Month Period and Bona Fide.

The Supreme Court considered two appeals by IDBI Bank (erstwhile United Western Bank) against judgments of the Madras High Court relating to the windi...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Against Finance Company Executive — No Instigation Found in Suicide Note. Loan Recovery Pressure Without Active Instigation Does Not Attract Section 306 IPC.

The applicant, Amit Ashok Naharkar, an executive of Bajaj Finance Company, filed a criminal application under Section 482 CrPC seeking quashing of FIR...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Section 138 Negotiable Instruments Act, 1881 - Dishonour of Cheque - Presumption under Section 139 rebutted by accused showing loan was time-barred, hence not legally enforceable.

The present revision petition was filed by the accused (petitioner) challenging her conviction under Section 138 of the Negotiable Instruments Act, 18...

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Bombay High Court Dismisses Trustees' Petition Challenging Appointment of Administrator for Shree Shanaishwar Devasthan Trust. Court upholds Collector's order under Section 41A of Maharashtra Public Trusts Act, 1950, finding no procedural irregularity.

The petitioners, trustees of Shree Shanaishwar Devasthan Trust (Shingnapur), filed a writ petition challenging the order of the Collector, Ahilyanagar...