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Indian Laws - Highlights / Catch Notes

Home Highlights September 2019 Year 2019 This

Grant of Bail - commission of fraud punishable u/s 447 of the ...

Indian Laws

September 14, 2019

Grant of Bail - commission of fraud punishable u/s 447 of the Companies Act, 2013 - siphoning off of funds - The High Court has failed to apply its mind to all the circumstances that were required to be considered while granting bail, particularly in relation to economic offences - SC

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  1. Punishment for fraud - to bring thresholds with respect to compounding provisions relating to fraud without imprisonment - Section 447 of the Companies Act, 2013

  2. Seeking grant of Regular bail - misuse of cheque discounting facilities - diversion and siphon-off the borrowed funds - section 447 of the Companies Act - Despite having...

  3. Grant of Bail - siphoning of funds - transfer of funds among different companies - The present case is of an economic offence involving siphoning of public...

  4. Seeking grant of Anticipatory Bail - Fraud - fraudulently/illegally obtained loan and siphoning off the funds - petitioner (Director of one company out of group...

  5. Grant of anticipatory bail - Money Laundering - siphoning off of funds - The court interprets Section 3 of the PMLA Act, emphasizing that it encompasses individuals who...

  6. Grant of anticipatory bail - money laundering - siphoning of funds - Apparently, the money that is alleged to be siphoned off is public money and the offence is grave in...

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  8. Fraud - Whether a shareholder, minority or otherwise, can initiate proceedings - for a shareholder to avail a remedy under Section 447 of the Act such shareholder...

  9. Anticipatory Bail - input tax credit - continuous issuance of fake invoices without actual supply of goods - offence punishable u/s 137 of Goods and Services Tax Act,...

  10. Seeking grant of Regular Bail - intent to evade tax / gst - cyclic transactions was tracked in Business Analytics and Fraud Analysis module BIFA - Though non issuance of...

 

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