Search Results for "Liability"

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Search Results for "Liability"

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Supreme Court

Supreme Court Dismisses Writ Petition Seeking Quashing of NI Act Proceedings Against Corporate Debtor and Directors - Moratorium Under IBC Does Not Extinguish Liability of Natural Persons Under Section 141 NI Act. The Court held that moratorium under Section 14 of Insolvency and Bankruptcy Code, 2016 applies only to corporate debtor and natural persons under Section 141 of Negotiable Instruments Act, 1881 continue to be statutorily liable despite resolution plan acceptance.

28 Mar 2022

The Supreme Court considered a writ petition filed by a corporate debtor and its directors seeking quashing of criminal complaints under Section 138 o...

Supreme Court

Supreme Court Dismisses Revenue's Appeal Against Quashing of Reassessment Notice Under Income Tax Act Due to Lack of Tangible Material and Improper Reliance on Income Declaration Scheme. Reassessment Initiated Based on Accommodation Entries and Declaration Under Section 183 of Finance Act, 2016 Held Invalid as AO Failed to Establish 'Reasons to Believe' Income Escaped Assessment for AY 2010-11.

28 Mar 2022

The dispute arose from a reassessment notice issued by the Commissioner of Income Tax under Sections 147/148 of the Income Tax Act, 1961, for the asse...

Supreme Court

Supreme Court Allows State Appeal in U.P. Excise Act Interest Dispute, Holding Licensee Liable for Interest Despite Interim Stay. Interest on Arrears of Excise Revenue is Payable Under Section 38A of U.P. Excise Act, 1910, as Interim Stay Only Suspended Recovery Without Nullifying Statutory Obligation.

25 Mar 2022

The dispute arose from the respondent's license for retail sale of country liquor in Uttar Pradesh for the year 2002-03. The respondent applied for su...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

Supreme Court

Supreme Court Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

16 Mar 2022

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

Supreme Court

Supreme Court Upholds Employees' Right to Gratuity in Pending Criminal Appeals Under Kerala Service Rules. Interpretation of Rules 3 and 3A of Kerala Service Rules Distinguishes Pension from Death-cum-Retirement Gratuity, Prohibiting Withholding Despite Conviction with Suspended Sentence.

15 Mar 2022

The Supreme Court examined appeals arising from a Full Bench judgment of the Kerala High Court concerning the entitlement of government employees to D...

Supreme Court

Supreme Court Quashes Proceedings Against Company Chairman in Corruption Case Due to Lack of Criminal Intent and Compliance with Tax Demand. Criminal Liability Under Prevention of Corruption Act and IPC Not Made Out as Differential Road Tax Was Paid Upon Demand Under Section 8A of Karnataka Motor Vehicles Taxation Act, 1957, Rendering Proceedings Abuse of Process.

14 Mar 2022

The appeal arose from an order of the Dharwad Bench of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Quashes Interim Directions Against Online Marketplace in Criminal Petition Without Hearing. High Court's Order Requiring Detailed Documentation for Advertisements Set Aside as It Was Passed Without Affording Opportunity to the Platform, Leaving Substantive Issues for Consideration on Merits.

8 Mar 2022

The appeal arose from an order dated 13.12.2021 by the High Court of Punjab and Haryana at Chandigarh in CRM-M No.14453 of 2021, titled 'Pintu v. Stat...

Supreme Court

Supreme Court Dismisses Appeal in Dishonored Cheque Case Under Negotiable Instruments Act, 1881. The court upheld the conviction under Section 138 as the appellant failed to rebut the presumption under Section 139 by establishing a probable defence, despite examining bank officers to challenge the complainant's financial capacity.

7 Mar 2022

The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, where the respondent alleged that the appellant issued a...

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