Search Results for "Breach of trust"

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Search Results for "Breach of trust"

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Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

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 Modifies Punishment from Removal to Compulsory Retirement in Bank Disciplinary Case Due to Disproportionality. The court held that removal was too harsh as no financial loss occurred and the employee had 28 years of unblemished service, substituting it with compulsory retirement under principles of proportionality. (Paras 3.2, 6)

11 Feb 2022

The dispute involved an employee of a bank who was removed from service after disciplinary proceedings initiated based on complaints, including one fr...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

7 Feb 2022

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

Supreme Court

Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

3 Jan 2022

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Builder Directors in Property Development Dispute Due to Civil Nature of Allegations. Criminal Complaint for Cheating Under Sections 406, 419, 420 IPC Fails as Dispute Arose from Joint Development Agreement and Memorandum of Understanding, With Civil Remedies Available Through Arbitration and Pending Civil Suit.

26 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a property development dispute between builder directors and a property owner. The bac...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Lack of Evidence and Abuse of Process. The Court held that the High Court should have exercised inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the FIR as no prima facie case was made out against the appellant after police exoneration and compromise with the main accused.

20 Oct 2021

The dispute arose from a criminal complaint filed by Nasib Singh (complainant) against Jaswant Singh (appellant) and others, alleging cheating and bre...

Supreme Court

Supreme Court Quashes High Court Order for De Novo Trial in Gang Rape and Abetment of Suicide Case - Separate Trials for Different FIRs Upheld. The High Court's direction to club trials under Section 223 CrPC and order fresh proceedings was set aside as the offences arose from distinct FIRs with separate investigation histories.

8 Oct 2021

The appeals arose from a High Court judgment that remitted orders of acquittal and conviction from two separate FIRs for fresh trial and directed club...

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