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Criminal law

BACCAROSE PERFUMES AND BEAUTY PRODUCTS PVT. LTD versus CENTRAL BUREAU OF INVESTIGATION & ANR.

Where a Settlement Commission has granted immunity (under Section 32K CE Act / Section 127H CA 1962) and the fiscal liability was later found not to exist on remand (with an entitlement to a refund), and where proceedings instituting prosecution post-dated the immunity application, the prosecution could not be sustained; mere registration of FIR did not amount to institution of prosecution and, on the facts, the discharge application should have been allowed and proceedings against the company quashed.

Source excerpt

  • Immunity from prosecution
  • Discharge application
  • Registration of fir
  • Cognizance and chargesheet
  • Assessment and refund
  • Abuse of process
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Companies law

OFFICIAL LIQUIDATOR versus UJJAIN NAGAR PALIKA NIGAM & ORS

On the facts the sale notice omitted an express obligation for bidders to satisfy themselves about encumbrances; municipal tax arrears during the post-liquidation period constituted expenses of preserving/realising assets under Rule 338 and, given s.185 of the M.P. Act and absence of notice to purchaser, those post-liquidation municipal tax liabilities had to be discharged by the Official Liquidator (paid in priority out of assets), and the High Court’s decision to that effect is affirmed.

Source excerpt

  • Post-liquidation liability
  • Official liquidator duties
  • Sale of assets on as-is basis
  • Priority of claims in winding up
  • Municipal taxes and charges
  • Companies (court) rules r.338
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Companies law

NATIONAL COMPANY LAW TRIBUNAL BAR ASSOCIATION versus UNION OF INDIA

The petitioner’s prayer to extend the tenures of the 23 persons appointed under the 20 September 2019 notification was refused because (i) the Bar Association lacked locus to seek extensions on behalf of members who did not themselves challenge the appointments, (ii) the members had accepted three-year offers and the issue was raised belatedly, (iii) a fresh selection process was underway and judicial intervention would interfere with that process, and (iv) the Union Government had taken corrective action by extending the tenures of eight members by notification dated 14 June 2022; the Court…

Source excerpt

  • Term of office
  • Appointments
  • Selection process
  • Locus standi
  • Judicial review
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Civil procedure

ASIAN HOTELS (NORTH) LTD. versus ALOK KUMAR LODHA & ORS

The High Court erred in allowing applications under Order 6 Rule 17 and Order 1 Rule 10 to permit plaintiffs in suits challenging revocation of licenses to amend their plaints to challenge all mortgages/charges on the entire premises and to implead mortgagee banks; such amendments would change the nature of the suits, risk misjoinder of causes of action, and plaintiffs (licensees) lack locus to challenge longstanding mortgages over the entire premises which they were aware of under the license agreement; accordingly the High Court orders allowing the amendments and impleadments were quashed a…

Source excerpt

  • Amendment of plaint
  • Joinder of necessary and proper parties
  • License revocation
  • Challenge to mortgages/charges
  • Limitation and laches
  • Dominus litis principle
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Companies law

SERIOUS FRAUD INVESTIGATION OFFICE AND OTHERS versus SAHARA HOUSING INVESTMENT CORPORATION LIMITED AND OTHERS

The Division Bench of the High Court erred in granting an interlocutory stay of the Government orders because (i) Section 212(3) is directory and expiry of a stipulated period did not invalidate the investigation mandate; (ii) the 27 October 2020 order specifically invoked Section 219(c) with factual averments permitting investigation of related bodies; and (iii) at the stage of ordering an investigation the Government need not record elaborate reasons; hence the interim stay and consequential directions were unjustified and were set aside.

Source excerpt

  • Section 212 companies act 2013
  • Section 219 companies act 2013
  • Investigation powers
  • Interim injunctions
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Criminal procedure

RATHISH BABU UNNIKRISHNAN versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

Where statutory presumption in favour of the complainant exists and factual disputes as to whether a cheque discharged a legally enforceable debt are in issue, a quashing court should be slow to extinguish proceedings at the pre-trial stage; the burden to prove absence of liability lies on the accused and the trial court should be permitted to evaluate evidence, therefore the High Court correctly dismissed the quashing petition and the appeals are to be dismissed.

Source excerpt

  • Quashing of criminal proceedings
  • Section 138 ni act
  • Section 482 crpc
  • Presumption under section 139 ni act
  • Summoning order
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Insolvency and bankruptcy

A. NAVINCHANDRA STEELS PRIVATE LIMITED versus SREI EQUIPMENT FINANCE LIMITED & ORS.

Section 7 proceedings under the IBC are independent and maintainable notwithstanding a pending admitted winding up petition; the IBC, being a special statute with a non-obstante clause (s.238), prevails over inconsistent provisions of the Companies Act; only where winding up has proceeded to an irreversible stage amounting to corporate death should the Company Court refuse transfer/decline IBC jurisdiction; discretionary power under the fifth proviso to s.434(1)(c) cannot override NCLT jurisdiction once s.7 parameters are met.

Source excerpt

  • Section 7 ibc
  • Section 9 ibc
  • Section 238 ibc (non-obstante)
  • Winding up (companies act)
  • Transfer of winding up proceedings (s.434(1)(c) fifth proviso)
  • Role of secured creditors outside winding up
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Securities law

SECURITIESAND EXCHANGE BOARD OF INDIA(SEBI) & ANR. versus SAHARA INDIA REAL ESTATE CORPN. LTD. & ORS.

The Court exercised its inherent jurisdiction to ensure compliance with directions for deposit of sums by Sahara companies, accepted the bank guarantee format subject to explicit conditions and trigger points for its encashment, and regulated the personal liberty of contemnors vis-à-vis public interest. Orders passed are not strictly from contempt jurisdiction but to do complete justice.

Source excerpt

  • Refund of deposits
  • Jurisdiction of sebi
  • Enforcement of supreme court orders
  • Personal liberty versus public interest
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Constitutional law

DELHI DEVELOPMENT AUTHORITY versus SKIPPER CONSTRUCTION AND ANR.

Report of Justice Bahri Commission on diversion of funds and cooked-up accounts at Skipper Towers is accepted over objections based on hypothetical and manipulated figures. The substantive justice requires refund of all depositors, judicial scrutiny, and attachment/sale of properties acquired by diverted funds.

Source excerpt

  • Substantive justice
  • Fraud
  • Diversion of funds
  • Company accounts manipulation
  • Refund of depositors
  • Judicial supervision of claims
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Stamp duty

MADRAS REFINERIES LTD. versus CHIEF CONTROLLING REVENUE AUTHORITY, BOARD OF REVENUE, MADRAS

The Deed of Trust and Mortgage, executed before the Guarantee Agreement, was the principal or primary security for the loan. The Guarantee Agreement was not an instrument of sale, mortgage, or settlement and did not fall within the purview of section 4(1) of the Indian Stamp Act. Therefore, stamp duty was chargeable under Article 40(b) of Schedule I to the Act on the Deed of Trust and Mortgage.

Source excerpt

  • Principal security vs collateral security
  • Stamp duty on mortgage and debentures
  • Interpretation of indian stamp act, 1899
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.