Appointment – Since the petitioners have retired and all the dues of arrears have already been paid, the prayers as contained in the writ petitions are not maintainable.
Company Law; Sanjay Sadanand Varrier Vs. Power Horse India Pvt. Ltd. [Bombay High Court, 22-03-2017]
An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages. A winding up Petition at the instance of a Trade Union and for the dues […]
Just because some of the witnesses have turned hostile, more particularly, the panch witnesses, by itself, would not be sufficient to order a denovo trial. Something substantial should be shown, on the basis of which, the Court can reach to the conclusion that the trial has not been conducted in a fair and transparent manner […]
Whether an ‘audit objection’ can be construed as ‘information’ within the meaning of Section 19 of the Bihar Finance Act, 1981 based on which the assessing officer was satisfied that reasonable grounds exist to believe that any part of the turnover of the Company had escaped assessment.
The Company in its wisdom had withdrawn the complaint against the two persons from a common complaint made against four persons. However, do not find any reason as to why the remaining two persons are being prosecuted. Hence, the complaint does not survive and in the interest of justice the same is liable to quashed.
It has to act as a responsible agency, especially when the service provider is taking serious step of intercepting a tele phone call of a person and thereby, invading the privacy right of a person concerned, which is a fundamental right protected under the Constitution of India.
Whether the first accused, in executing and registering the two sale deeds purporting to sell a property (even if it is assumed that it did not belong to him), can be said to have made and executed false documents, in collusion with the other accused.
This is an apt case where the jurisdiction of the High Court under Article 226 of the Constitution of India must be exercised by ordering an inquiry by the CBI into the entire episode.
Merely because the Standby Letter of Credit (SBLC) was valid on the date of presentation of cheque in question, it cannot be held that there was no existing liability, which fact is also fortified by Clause 2.3 (c) of the Assignment Agreement which provided that assignor will be entitled to invoke SBLC if the assignee […]
A pedantic approach cannot be applied while dealing with the evidence of an interested witnesses. Such evidence cannot be ignored or thrown out solely because it comes from a person closely related to the victim.
Motor Accidents Claim; State of Maharashtra Vs. Kamaladevi Kailashchandra Kaushal [Bombay High Court, 15-03-2017]
The M.V. Act is beneficial and welfare legislation. In fact, the court is duty bound and entitled to award “ just compensation ” irrespective of the fact whether any plea was raised in respect of the claimant or not.
Unless there is an inter-departmental appeal, the Panchayat can have no dichotomy as a corporate or legal entity—to view itself as different and distinct from the Secretary. As an artificial person, it ought to be represented by a human agency, and that human agency is the Secretary—statutory position being loud and clear.
The legatees take the property as joint tenants only if there are clear and distinct words in the Will to the effect that the testator intended that there shall be a joint tenancy.
Case Laws on Corruption 1. R. Srinivasan v. State by Police Inspector Lokayuktha, 2016 (1) KCCR 815 Prevention of Corruption Act, 1988 – Ss. 7, 13(1) (d) r/w. 13(2) – Demand official favour – The scope for demanding bribe by a public servant would arise if there is a possibility of doing any official favour […]
The two reasons for Part-I not being applicable are as follows:- (i) Parties agreed that the seat maybe outside India as may be fixed by the ICC; and (ii) It was admitted that the seat of arbitration was London and the award was made there. Therefore, there is no doubt that Part-I has no application […]