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India Case Law

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Constitutional law

MANOHAR LAL SHARMA versus CENTRAL BUREAU OF INVESTIGATION & ORS.

Since a SIT constituted under directions of the Supreme Court is already seized of the matters relating to black money and its terms of reference cover the issues raised in the petition, and an official Multi Agency Group is investigating the Panama Papers with status reports to the SIT, no further directions or intervention by the Court are necessary.

  • Tax evasion
  • Money laundering
  • Offshore bank accounts
  • Public interest litigation
  • Regulation of securities market
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Constitutional law

THE SPECIAL DIRECTOR AND ANR. versus MOHD. GHULAM GHOUSE AND ANR.

High Courts should not entertain writ petitions challenging show cause notices unless there is absolute want of jurisdiction; interim orders should not grant the ultimate relief and should be accompanied by reasons.

  • Writ jurisdiction against show cause notices
  • Interim relief
  • Foreign exchange regulation and management
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Company law

INTERNATIONAL COACH BUILDERS LTD. versus KARNATAKA STATE FINANCIAL CORPN.

State Financial Corporations' unilateral right to realize mortgaged securities under Section 29 of SFC Act ceases upon winding up. Thereafter, realization of security must be with consent of Official Liquidator (representing workmen) under the Company Court's supervision, ensuring workmen's pari passu charge is safeguarded. The amendments to Companies Act, 1985 (Sections 529, 529A) override SFC Act's provisions.

  • Winding up of company
  • Secured creditors
  • Rights of state financial corporations
  • Pari passu charge
  • Workmen's dues
  • Company court supervision
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Finance law

GUJARAT STATE FINANCIAL CORPORATION versus M/S. NATSON MANUFACTURING CO. (P) LTD. & ORS.

Applications under Section 31(1) of the State Financial Corporations Act are neither plaints as contemplated by Article 1 of Schedule I nor applications in the nature of plaints under Article 7 of Schedule I. They are governed by the residuary Article 1(c) of Schedule II of the Bombay Court Fees Act, and attract a fixed court fee of 65 paise.

  • Nature of proceedings under state financial corporations act
  • Court fee payable on section 31 applications
  • Application of bombay court fees act
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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.