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Companies Law - Highlights / Catch Notes

Home Highlights October 2020 Year 2020 This

Grant of Bail - Oppression and Mismanagement - appointment of ...

Companies Law

October 31, 2020

Grant of Bail - Oppression and Mismanagement - appointment of Applicant as Director on the basis of forged director - It is alleged that Ex-Director without discussion with other Directors prepared forged documents and ousted his wife from the Directorship - Keeping in view the nature of the offence, procedural flaws in investigation, arguments advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the female accused, offences alleged being triable by Magistrate, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court, the applicant has made out a case for bail - HC

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  1. Oppression and Mismanagement - Allegations of financial mismanagement and irregularities by the promoters/directors - The High court acknowledged that despite the...

  2. Grant of bail - creation of a bogus company and issuing forged bills to other businessmen for getting false benefit of input tax credit - The High Court observed that,...

  3. Seeking grant of Anticipatory Bail - illegal availment of ITC on GST, on the basis of forged invoices - other co-accused whose case was on similar footing was granted...

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  5. Oppression and mismanagement - appellant has no inherent right to continue as Managing Director/Director in the 1st respondent unless he is able to carry the majority...

  6. Seeking grant of Regular Bail - GST Evasion - taking note of the nature of accusations and severity of the offences alleged ( economic offences ), and that investigation...

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  8. Seeking grant of bail - Money Laundering - The Court observed that the applicant held directorial positions in companies allegedly involved in fraudulent activities. The...

  9. Seeking grant of regular bail - Applicant is a Chartered Accountant and one of the partners at ASRN & Associates - failure to perform his duty independently and...

  10. Oppression and Mismanagement - Grant of interim relief - Illegal appointment of Directors in the AGM - The Appellant has demonstrated all these circumstances to show...

 

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