2018 (4) TMI 915 - DELHI HIGH COURT
Sukrita Bajaj & Anr. Versus Sundeep @ Sandeep Sehgal
Recovery of outstanding dues which were admitted - cancellation of conditional bail - misappropraition of shares - The defendant s only plea is that due to cancellation of conditional bail, MOU dated 03.04.2013 executed between the parties became null and void and its terms and conditions cannot be enforced - Held that - When the defendant did not comply with the terms and conditions of the MOU executed before the court, the plaintiffs were withi....... + More
2018 (4) TMI 780 - RAJASTHAN HIGH COURT
Premier Texto Trade Pvt Ltd., Ashwani Dewan S/o Late Ved Prakash Dewan Versus Tax Recovery Officer, Rajasthan State Industrial Development & Investment Corporation Limited And Vice-Versa
Recovery proceedings - lease rights were not transferred in favour of the petitioner - attachment of immovable property of a defaulter - sale aftr expiry of three years - Held that - Provisions show that under Section u/s 68B if the sale is not executed within a period of three years after the attachment, the same shall be deemed to have been vacated. Rule 48 mentions attachment of immovable property of a defaulter prohibiting the defaulter from ....... + More
2018 (4) TMI 717 - MADRAS HIGH COURT
Sr. V.J. Dhanapal Versus Union Bank of India, Bangalore, Smt. S. Manjula And Mr. Shravan Kumar
E-auction - main contention of the writ petitioner is that Rules 8 and 9 of the Security Interest (Enforcement) Rules 2002 are mandatory and that in no circumstances, the same can be ignored - Held that - Merely because the petitioner has committed default in payment and even taking it for granted that there was dilatory tactics, in repayment, and that the borrower has been litigating, by filing applications before the Tribunal, the same are not ....... + More
2018 (4) TMI 677 - MADRAS HIGH COURT
Sri Sivalaya Advances, Jegadish Auto Finance, Madura Auto Finance, Sri Sadasivam Combines Versus Tax Recovery Officer
Lifting of Attachment of properties - Jurisdiction of Tax Recovery Officer - Held that - it is evident from the face of the record and it is again not in dispute that notice under Rule 2 of second schedule was served on the defaulter on 05.01.2013 and that the sale transactions executed by the said defaulter-assessee took place thereafter. Therefore, this Court is of the view that it would not be open to the purchasers to claim the benefit of the....... + More
2018 (4) TMI 620 - DELHI HIGH COURT
M/s. Liugong India Pvt. Ltd. Versus State (Govt of NCT of Delhi) & Ors
Application for revival/restoration of complaint - territorial Jurisdiction of Trial Court - Negotiable Instruments Act, 1881 - dishonor of cheques. - Held that - Admittedly the cheques in question are issued by the accused drawn on the Bank of Baroda, Basant Lok, New Delhi and thus did not fall within the jurisdiction of the South East District, Saket on the date when the complaint was returned on 14.05.2015. - In terms of the amendment to The N....... + More
2018 (4) TMI 546 - RAJASTHAN HIGH COURT
Mohammed Yunus Son of Shri Mohd Hanif Versus The State of Rajasthan, Shri Shivraj Garg Son of Suresh Chandra Garg, C/o Bheru Lal Khatik
Revision petition - Compounding of offence - offence under Section 138 of the Negotiable Instruments Act, 1881 - dishonor of certain cheques for insufficiency of funds - case of Revenue is that although offence under Section 138 of the Act is compoundable but after verdict of learned appellate Court, it may not be appropriate to grant indulgence to the petitioner - whether revisional powers can be exercised by this Court to compound the offence u....... + More
2018 (4) TMI 485 - BOMBAY HIGH COURT
Hasmukh Tarachand Sheth & Ors. Versus State of Maharashtra & Anr.
Validity of FIR - main contention of the Petitioners is that, this being a transaction which is purely civil in nature, the Respondent No.2 could not have lodged the FIR. In the FIR, there is no mention of any of the pending proceedings. - Held that - the present FIR does not pertain to a purely civil transaction. The false representation and inducement is very clear from the email sent to the Respondent No.2 for placing the purchase order for tr....... + More
2018 (4) TMI 423 - MADRAS HIGH COURT
M/s. M.R.M. Ramaiya Enterprises Private Limited Versus The District Collector, Assistant Director of Geology and Mines, Revenue Divisional Officer, Tahsildar, Thoothukudi Taluk Office, Superintendent of Police, District Collector, Assistant Director of Geology and Mines, V.O. Chidambaranar Port Trust and Union of India
Import of sand/river sand - licence, permit, transport slip, etc., under the Tamil Nadu Minor Mineral Concession Rules, 1959 - N/N. 97 (RE-2013)/2009-2014 - the petitioner failed to prove that the river sand imported by the petitioner does not contain any metal as prescribed under Chapter 26 and hence, the same has to be chemically analysed to ensure that it does not contain any hazards or heavy metals, etc., in public interest. - Held that - the....... + More
2018 (4) TMI 420 - PATNA HIGH COURT
Minaj Hussain @ Meer Minaj Ahmad @ Meer Minaj Hussain Son of Meer Irfan Ali Versus The State of Bihar, Rajeev Upadhyay, Son of Late Ramashankar Upadhyay
Territorial jurisdiction - dishonor of cheque - the aforesaid cheques issued by the petitioner/accused were deposited/presented for encashment at Bhagalpur which gave the sole jurisdiction to a competent Court at Bhagalpur to try the case - Held that - since the cheques in question in the case in hand were presented at Bhagalpur in the bank account of O.P. No. 2, only the Court at Bhagalpur shall have the jurisdiction to try the instant complaint....... + More
2018 (4) TMI 419 - MADHYA PRADESH HIGH COURT
K. Sheshadrivashu and 3 others Versus State of Madhya Pradesh and another
Mis-utilization of cheques issued - sub-contract - the proceeding has been challenged here on the ground that prima-facie there is no material to take cognizance against the petitioners with regard to commission of aforesaid offences - it is contended that this is purely a civil dispute - Held that - the substance of the grievance is that the cheque book was given after signature with a specific direction to use with regard to payment if required....... + More
2018 (4) TMI 377 - DELHI HIGH COURT
Shiv Shakti Metal Works, and M/s. R.K. Industries Versus M/s. Thukral Steel Corp.
Legality and correctness of judgments dated 30.10.2017 - Section 138 Negotiable Instruments Act - Issuance of Cheque as security - Held that - It has come on record that the respondent was in possession of relevant documents and had offered to produce them if so required. The petitioners did not insist for production of those documents. Adverse inference is to be drawn against the petitioners for not insisting for the production of those document....... + More
2018 (4) TMI 302 - DELHI HIGH COURT
Avdesh Gupta Versus Satish Sharma & Anr.
Cheque bounced - validity of cheque - Repayment of loan - Since the defence was that the amount had been repaid, the onus was on Respondent No. 1 to prove by cogent evidence that he had re-paid the loan amount sum to the petitioner and there was no legally recoverable debt when the subject cheques were presented for encashment - complaint under Section 138 of the Negotiable Instruments Act - Held that - Neither any document nor any independent wi....... + More
2018 (4) TMI 231 - MADRAS HIGH COURT
Mrs. Patcharut Punsakon Versus State Rep. by The Intelligence Officer, Customs House
Smuggling - Heroin - Section 50 of The NDPS Act - offence under Sections 8(c) r/w 21(c), 28 and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 135(1)(a)(ii) of The Customs Act. - Held that - The Apex Court has time and again held that once a physical possession of the contraband by the accused has been established, the onus is upon the accused to prove that it was not a conscious possession. Thus, the onus would be upo....... + More
2018 (3) TMI 1433 - MADRAS HIGH COURT
V. Venkata Siva Kumar Versus Institute of Cost Accountants of India, Union of India, Institute of Chartered Accountants of India, CA Welfare Association
Maintainability of petition - Jurisdiction of Court - Compliance with Sec 2(2) of Cost and Works Accountants Act 1959 as amended - petition prayed that the acronym ICOAI be used instead of acronym ICAI which belongs to the third respondent - The first respondent changed their website from ICWAI to ICAI and started representing themselves as ICAI in all its communication with print and electronic media, blatantly misrepresenting to the stake holde....... + More
2018 (3) TMI 1391 - BOMBAY HIGH COURT
Rajendra s/o Bhaiyyaji Zade, Smt. Savita w/o Rajendra Zade, Mahesh s/o Shankarrao Zade, and Others Versus Harbanssingh s/o Late Jaswantsingh Siddhu, and Others
Whether the transfer of property is hit by the provisions of Benami Transactions (Prohibition) Act, 1988 - title of the property - fiduciary capacity - Whether the court below was justified in rejecting the application filed on behalf of defendant No.1 seeking rejection of plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure? - Held that - The property was held in fiduciary capacity - Whether the provisions of the Benami Transactions (....... + More
2018 (3) TMI 1335 - DELHI HIGH COURT
Karti P Chidambram Versus Central Bureau of Investigation
Regular bail - Section 439 Cr.P.C. - Section 120B read with Section 420 IPC; Section 8 and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 - Held that - This Court is conscious that at the time of consideration of bail, a detailed examination of the evidence and elaborate documentation of the merits of the case, which may prejudice the prosecution or accused is to be avoided. - No plausible explanation has been give....... + More
2018 (3) TMI 1334 - DELHI HIGH COURT
Ram Kawar HUF Versus M/s. SMC Global Securities Ltd.
Principles of natural justice - cross-examination - production of documents - The Trial Court was of the view that the petitioner had been given sufficient time to cross-examine the witnesses, however, the petitioner was delaying the proceedings. The Trial Court was of the view that the petitioner was trying to deliberately create difficulties for the Court to prevent conclusion of evidence. The Court was of the view that the witness could only b....... + More
2018 (3) TMI 1333 - BOMBAY HIGH COURT
M/s. Sim Enterprises Versus Shri Shaikh Abdul Rashid Choudhary
Acquittal of the respondent no. 1 - offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - recovery of hand loan given in cash - Held that - It is now well settled that a statutory presumption, arises in favour of the complainant, where the signature on the cheque is not disputed. The said presumption is a rebuttable presumption. The accused can rebut the presumption on preponderance of probability, which can be done by vi....... + More
2018 (3) TMI 1332 - MADRAS HIGH COURT
The Institute of Franciscan Missionaries of Mary Versus The Commissioner, Coimbatore City Municipal Corporation, The Assistant Commissioner, Coimbatore City Municipal Corporation
Charitable Institution - exemption from property tax - Section 83(1)(a) of the Tamil Nadu District Municipalities Act, 1920. - Held that - issue as to how the claim for exemption has to be considered was dealt with by this Court in the case of Sundaram Medical Foundation, vs. The Commissioner Corporation of Chennai & others 2018 (3) TMI 1289 - MADRAS HIGH COURT . In the said case also, it was a hospital, claimed to be doing charitable activit....... + More
2018 (3) TMI 1289 - MADRAS HIGH COURT
Sundaram Medical Foundation, Dr. Rangarajan Memorial Hospital Versus The Commissioner Corporation of Chennai, The Regional Deputy Commissioner (Central) , The Assistant Revenue Officer-VIII
Charitable hospital - Property tax on building - exemption from property tax - the second respondent by order dated 17.12.2015, rejected the claim for exemption, for the reason that only 15 of the patients get free treatment and therefore, the petitioner is not a charitable hospital within the meaning of Section 101(e) of the Act. - Held that - There is no allegation against the petitioner that they have violated the conditions of allotment and t....... + More
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