Search Results for "mala fide acts"

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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956.

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up pet...

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Supreme Court Dismisses Appeal Against Disciplinary Proceedings Initiated Against Army Officer for Financial Irregularities. Court upholds Tribunal's refusal to quash proceedings, finding no violation of natural justice or mala fides.

The appellant, Brigadier L.I. Singh, was commissioned in the Indian Army in 1983 and served as Commander of 164 Mountain Brigade from December 2011 to...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Bombay High Court Dismisses Suit as Barred by Limitation in Property Dispute Over Incomplete Building. Plaintiff's claim for declaration of ownership and injunction held time-barred under Article 58 of Limitation Act, 1963 as cause of action arose in 1969 when assignment deed was executed.

The plaintiff, M/s. Foreshore Co-operative Housing Society Ltd., filed a suit in 1999 seeking a declaration that it is the owner of the entire suit la...

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Supreme Court Dismisses Anticipatory Bail Plea of Former Finance Minister in INX Media Money Laundering Case. Custodial Interrogation Required Under PMLA as Allegations of FIPB Clearance Irregularities and Receipt of Proceeds of Crime Are Serious.

The Supreme Court dismissed an appeal by P. Chidambaram, former Finance Minister, against the Delhi High Court's refusal to grant anticipatory bail in...

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Karnataka High Court Hears Appeals Against Specific Performance Decree in Agricultural Land Sale Agreement Dispute. The dispute involved claims of tampering, cancellation of agreement, and subsequent sales to third parties.

The appeals arise out of a suit for specific performance of an agreement to sell agricultural lands bearing various survey numbers, measuring a total ...

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Bombay High Court Quashes FIR in SC/ST Atrocities Case for Lack of Public View and Mens Rea. Alleged Caste-Based Insults Made in Private Office Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the same First In...

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Bombay High Court Dismisses Suit Challenging Expulsion of Club Member — Expulsion Upheld as Valid and Not Violative of Natural Justice. Member's Defamatory Conduct and Misconduct Justified Expulsion Under Club Bye-laws.

The Plaintiff, Jaisingh Choraria, a member of The National Sports Club of India since 1989, filed a suit challenging his expulsion from the Club. The ...

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Bombay High Court Dismisses Petition Challenging Abolition of Post and Punishment Orders in Service Dispute. Employer's Prerogative to Abolish Post Upheld Unless Mala Fides Proven, and Disciplinary Actions Found Consistent with Natural Justice.

The petitioner, Jitendra Srivastava, was appointed as Joint Director (Administration) by the second respondent to manage personnel, administration, fi...