Search Results for "statutory defences"

484 result(s) found

Scroll Down To Discover

Found 484 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Winding Up Petition in Commission Dispute. Debt Held Bona Fide Disputed Under Sections 433(e) and 434 of Companies Act, 1956.

The petitioner, Total Sports & Entertainment India Pvt. Ltd., filed a winding up petition under Sections 433(e) and (f) and 434 of the Companies Act, ...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Appellant failed to establish that the loan of Rs.3,00,000 was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Arti Rajesh Karangutkar, filed a criminal appeal against the acquittal of respondent No.1, Anna Rocky Fernandes, by the Metropolitan Ma...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Delivers Order on Petition to Quash Criminal Complaint in Share Forgery Case — Allegations of Duplicate Shares and Impersonation Reviewed Under IPC Sections 467 and 418 Without Specific Accusations Against Company Officials

This criminal petition under section 482 of the Code of Criminal Procedure, 1973 was filed by United Spirits Limited, a public limited company, seekin...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Failure to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Quashing of Complaint.

The applicants, Chetan Sunderji Bhanushali, Pravin Girish Chamaria, and Ashapura Edifice Pvt. Ltd., filed two criminal applications under Section 482 ...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...