Search Results for "Section 398"

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Search Results for "Section 398"

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High Court

Bombay High Court Upholds Validity of GST Circulars on Input Tax Credit Reversal for Exempted Supplies. Circulars Clarifying Section 17(2) of CGST Act, 2017 Held Not Ultra Vires as They Merely Interpret Existing Provisions.

13 Feb 2024

The petitioner, Fomento Resorts and Hotels Ltd., a company incorporated under the Indian Companies Act, 1956, challenged the validity of Circular No.3...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

20 Aug 2014

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

High Court

KAHC010479002008_1

3 Dec 2015

The High Court of Karnataka, Bengaluru, heard a consolidated batch of writ petitions filed by various entities including National Mineral Development ...

High Court

High Court of Bombay Upholds CLB Order in Oppression and Mismanagement Case — Conversion of Preference Shares and Board Reconstitution Upheld. Share Subscription cum Shareholders Agreement and Articles of Association amendments validly passed; conversion of preference shares into equity shares resulting in majority shareholding for investors was lawful.

7 Jan 2016

The case involves appeals against an order of the Company Law Board (CLB) in a petition filed by Respondent Nos. 1 and 2 under Sections 397 and 398 of...

Supreme Court

Supreme Court Quashes Conviction in Revision for Murder Due to Statutory Bar Under Section 401(3) CrPC — High Court Exceeded Revisional Jurisdiction by Converting Acquittal into Conviction Without Notice to Accused. The Court held that revisional court cannot convert acquittal into conviction and that proceedings were vitiated for want of notice and abatement of revision upon death of complainant.

10 Jan 2025

The case pertains to an incident dated 13.03.1998 during the Holi festival. Initially, Dharampal lodged a complaint alleging assault by Om Parkash (co...

High Court

High Court of Karnataka Adjudicates Batch of Writ Petitions Concerning Forest Development Tax on Mining Leases Under Karnataka Forest Act, 1963; Constitutional Validity of Section 98A and Notification Examined. The petitioners contended that the notification dated 16.08.2008 and demand of forest development tax from holders of mining leases in forest areas were repugnant to the Forest (Conservation) Act, 1980 and ultra vires the State's legislative competence.

3 Dec 2015

A batch of writ petitions was filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India by various entities inc...

High Court

Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the hearing at admission stage is not a full-fledged hearing but an opportunity to show sufficient ground for interference under Section 384 Cr.P.C.

1 Feb 2019

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Cod...

High Court

Bombay High Court Quashes Process Under Section 127 of Companies Act for Non-Payment of Dividend Due to Pending Dispute Between Shareholder Groups. The court held that the defence under section 127(c) of the Companies Act, 2013, which allows non-payment if there is a dispute regarding the right to receive the dividend, must be considered before issuing process.

22 Apr 2019

The case involves three criminal applications filed by the directors of Man Industries (India) Limited (MIIL) seeking quashing of notices and process ...

High Court

High Court of Judicature at Bombay Determines Factual Enquiry Whether Share Transfer Resulted in Members Exceeding Fifty. Enquiry Directed by Supreme Court in Civil Appeal No. 2481 of 2014 Following Dispute Over Validity of Pre-emption Rights in Articles of Association.

4 Aug 2017

The appeal was placed before the High Court of Judicature at Bombay following a remand order by the Supreme Court in Civil Appeal No. 2481 of 2014. Th...

Supreme Court

Supreme Court Allows State Appeal in Short Delivery of Petroleum Products Case: Legal Metrology Act, 2009 Does Not Bar IPC Offences for Cheating and Criminal Conspiracy. The Court held that the High Court erred in quashing proceedings as the special Act does not exclude IPC offences for cheating and criminal conspiracy, and the investigation was valid.

23 Aug 2019

The Supreme Court allowed appeals by the State of Uttar Pradesh against the High Court's order quashing proceedings in a case involving short delivery...

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