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Search Results for "fraudulent transfer"

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High Court

High Court of Bombay at Goa Quashes FIR in Property Fraud Case Due to Civil Nature of Dispute. Allegations of Cheating Under Section 420 IPC Found to Be Commercial Transactions with Pending Arbitration, Not Criminal Offences.

18 May 2026

The petitioners, Jeremias D'Souza and Collette D'Souza, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

High Court

High Court of Karnataka Allows Writ Petition by Senior Citizen for Annulment of Gift Deed Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Court holds that express recital in gift deed is not mandatory for invoking Section 23(1) and condition of maintenance can be inferred from circumstances, quashing concurrent tribunal orders as perverse.

2 Feb 2026

The dispute involved a writ petition filed by an 84-year-old senior citizen under Article 227 of the Constitution of India, challenging concurrent ord...

High Court

Madras High Court Allows Writ Appeal Against District Registrar's Order Cancelling Registered Settlement Deeds — Fraudulent Collusion and Abuse of Process Established. Court sets aside cancellation of settlement deeds executed by daughters in favour of father, holding that the District Registrar lacked jurisdiction to cancel registered documents under the Registration Act, 1908.

6 Jan 2025

The case involves a writ appeal filed by K. Ratnam against an order of the learned Single Judge dated 07.12.2018 dismissing his writ petition. The app...

Supreme Court

Supreme Court Allows Transfer of Criminal Cases Under Section 406 CrPC for Fair Trial and Convenience. Transfer petitions filed by accused seeking consolidation of 16 cases across four states to Mumbai court granted based on commonality of facts, accused, witnesses, and transactions primarily in Mumbai, despite one case being at final stage, to secure ends of justice under Section 406 of Code of Criminal Procedure, 1973.

9 Sep 2022

The Supreme Court of India heard transfer petitions filed by an accused petitioner under Section 406 of the Code of Criminal Procedure, 1973, seeking ...

High Court

Bombay High Court Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

High Court

Bombay High Court Dismisses Airport Authority's Appeal Against Refusal of Injunction in Lease Dispute with Hotel Company. Court holds that a lessor cannot restrain lessee from creating third-party rights in assets or shareholding without a contractual bar, and that the lessee's use of FSI from one plot for construction on another does not constitute breach of lease terms.

18 Oct 2019

The appellant, Airport Authority of India (AAI), a statutory authority under the Airports Authority of India Act, 1994, filed an appeal against an ord...

High Court

Bombay High Court Allows Application for Perjury Proceedings Against Respondents in Writ Petition for Filing False Affidavits. Court holds that filing false affidavits amounts to contempt and perjury, and the court can initiate proceedings under Section 340 CrPC without hearing the accused at the preliminary stage.

22 Dec 2018

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by the appli...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Involving Section 43 of Transfer of Property Act, 1882 — First Appellate Court Erred in Holding No Fraudulent Transfer Despite Unauthorized Sale Deed Execution. The court held that the principle of estoppel by deed under Section 43 applies when a person transfers property without title and subsequently acquires it, making the transfer valid.

10 Sep 2015

The case involves a second appeal arising from a property dispute. The appellants are the legal representatives of the original defendant Mahadeo, and...

High Court

Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

30 Oct 2012

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

High Court

Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

29 Sep 2005

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

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