Search Results for "fiduciary relationship"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "fiduciary relationship"

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Supreme Court

Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

2 Apr 2019

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

Supreme Court

Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

20 Nov 2020

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

High Court

Bombay High Court Dismisses Suit for Declaration of Trust in Family Property Dispute — Plaintiff Fails to Prove Oral Trust or Fiduciary Relationship Under Indian Trusts Act, 1882. Court holds that mere family relationship does not create a trust and that suit under Section 92 CPC requires specific allegations of breach of trust.

30 Nov -0001

The plaintiff, Sabita Rajesh Narang, filed a suit against her brother Sandeep Gopal Raheja and other family members and companies, seeking a declarati...

High Court

Bombay High Court Dismisses Challenge to Cooperative Society Election Notification — Upholds Validity of Government Order Under Maharashtra Cooperative Societies Act, 1960. Court holds that the government order dated 30-06-2007 is valid and intra vires the Act, and the election process for the managing committee of the respondent society must proceed as per the order.

13 Feb 2017

The petitioner, Jalgaon Jillha Urban Cooperative Banks Association Ltd., filed a writ petition challenging a Government Order dated 30-06-2007 issued ...

Supreme Court

Supreme Court Decides Tax Deduction at Source Liability for Cellular Mobile Service Providers Under Income Tax Act, 1961 - The Court clarified that obligation under Section 194-H requires principal-agent relationship between payer and payee as per Section 182 of Contract Act, 1872, and payments must be for services in buying/selling goods or asset transactions, not being securities.

28 Feb 2024

The Supreme Court delivered a common judgment addressing appeals by the Revenue and assessees, who were cellular mobile telephone service providers, c...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

Supreme Court

Supreme Court Dismisses Contempt Petitions Against RBI for Alleged Disobedience of RTI Directions. RBI's Disclosure Policy and Individual Information Requests Held Not in Contempt of Court's Earlier Judgment.

26 Apr 2019

The Supreme Court dismissed three contempt petitions filed against the Reserve Bank of India (RBI) alleging wilful disobedience of its judgment dated ...

Supreme Court

Supreme Court Allows Appeal and Quashes FIR in Rape Case Due to Consensual Relationship and Malicious Prosecution. Allegations of Rape Under Sections 376, 376(2)(n), 507 IPC Not Sustained as Relationship Was Consensual and Complaint Filed After Matrimonial Discord.

1 Jan 2025

The appellant, Samadhan S/o Sitatram Manmothe, filed a criminal appeal before the Supreme Court against the order of the Bombay High Court at Aurangab...

High Court

High Court of Bombay Allows Second Appeal in Possession Suit Based on Sale Deed — Burden of Proof on Plaintiff to Show Absence of Undue Influence When Fiduciary Relationship Exists. The court set aside the decree of the lower appellate court and remanded the matter for fresh consideration, holding that the plaintiff, being in a fiduciary relationship with the deceased illiterate vendor, had the onus to prove that the sale deed was not obtained by undue influence or fraud under Section 16 of the Indian Contract Act, 1872 and Section 111 of the Indian Evidence Act, 1872.

11 Jun 2015

The case involves a second appeal arising from a suit for possession of property based on a registered sale deed dated 04.07.1983 executed by Smt. Bha...

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