Search Results for "Section 397"

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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Supreme Court Allows Defacto Complainant's Appeal in Murder Case, Sets Aside High Court Order Discharging Accused. High Court's Revisional Order Quashed as Interlocutory Order Under Section 216 CrPC Not Revisable; Costs Imposed for Frivolous Litigation.

The Supreme Court allowed an appeal by the defacto complainant against the High Court's order discharging the second accused in a murder case. The cas...

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Bombay High Court Dismisses Writ Petition Challenging CLB Order Refusing Reference to Arbitration. Availability of Alternative Remedy Under Section 10F of Companies Act, 1956 Precludes Exercise of Writ Jurisdiction Under Article 226 of Constitution.

The petitioners, Emgee Housing Private Limited and others, filed a writ petition under Article 226 of the Constitution of India before the High Court ...

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High Court of Judicature at Bombay Hears Appeal Against Company Law Board Order in Oppression and Mismanagement Petition. Company Appeal No.19 of 2009 Challenges CLB's Findings on Reduction of Shareholding, Removal of Director, and Valuation of Land Under Sections 397 and 398 of the Companies Act, 1956.

The case involved a dispute between shareholders of Pantheon Infrastructure Pvt. Ltd., a company formed to acquire and develop a 13-acre property in M...

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Bombay High Court Acquits Accused in Robbery Case Due to Illegal Sentence Below Minimum and Unreliable Identification. Conviction under Section 397 IPC set aside as sentence of four years is below the mandatory minimum of seven years and identification by streetlight at 4:30 a.m. was doubtful.

The applicant, Rahul Guruprasad Mishra, was convicted by the Assistant Sessions Judge, Mumbai, in Sessions Case No.403 of 2013 for an offence punishab...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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Bombay High Court Dismisses Writ Petition Challenging Revisional Order Setting Aside Process in Forgery Case — Sanction Under Section 195 CrPC Required for Prosecution of Offences Under Sections 463, 465 IPC When Alleged Forgery Relates to Proceedings Before Revenue Authorities.

The petitioner, Bhausaheb Shivaramji @ Francis Ignati Bodhak, filed a criminal writ petition under Article 227 of the Constitution of India challengin...