Search Results for "Section 446"

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Search Results for "Section 446"

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High Court

High Court of Gujarat Considers Appeals Against Conviction Under Sections 363, 366 IPC and SC/ST Act; Victim's Age and True Consent Examined. The appeals question the trial court's reliance on birth documents and absence of ossification test to prove minority, and whether voluntary association negates kidnapping.

29 Jan 2026

The appeals arise from the judgment and order dated 23.02.2006 passed by the Fast Track Court No.1, Gandhinagar in Special Atrocity Case No.18 of 2005...

High Court

Karnataka High Court Dismisses Petitioner's Challenge to Stay of Criminal Proceedings under Negotiable Instruments Act, 1881—Held That Section 446 of the Companies Act, 1956 Requires Stay Unless Leave of Company Court is Obtained. Proceedings Against Ex-Managing Director in Personal Capacity May Continue Subject to Leave, But Stay Order Attained Finality; Trial Directed to Be Completed Within Six Months.

25 Jun 2024

The petitioner, M/s Rajesh Exports Limited, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C., challe...

High Court

High Court Permits Official Liquidator to Break Open Lock and Take Physical Possession of Company Premises Despite Collusive Tenancy Decrees Obtained After Winding Up Without Leave Under Section 446 Companies Act, 1956. The court held that decrees obtained without leave under Section 446 are void and the Official Liquidator is entitled to possession.

30 Aug 2019

The Official Liquidator filed a report seeking permission to break open the lock put by the ex-management of J.B. Diamonds Limited (in liquidation) an...

High Court

Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

2 Nov 2018

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

High Court

Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

26 Jul 2018

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

High Court

High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

5 May 2017

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

High Court

Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

6 May 2016

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Insufficient Circumstantial Evidence. Acquittal of Accused for Offences Under Sections 302 and 201 of Indian Penal Code, 1860 Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

25 Feb 2015

The State of Maharashtra filed an appeal against the judgment and order of acquittal dated 02.04.1996 passed by the Additional Sessions Judge, Ahmedna...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Unreliable Witness and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness testimony was contradictory and medical evidence inconsistent.

25 Jun 2014

The appellant, Motanbai w/o Nathu Mahire, was convicted by the Additional Sessions Judge, Shahada in Sessions Case No. 36 of 1999 for the murder of he...

High Court

Bombay High Court Allows Plaintiff's Inspection of Court Records Against Company in Liquidation. Official Liquidator Directed to Provide Access to Suit Papers for Recovery of Salary and Benefits Under Order XI Rule 14 CPC and Section 434 Companies Act, 1956.

7 Jun 2005

The plaintiff, Omprakash Madanlal Pandya, filed a suit (Suit No.1738 of 1979) against Shree Vallabh Glass Works Ltd. and others for recovery of Rs.1,5...

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