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High Court

Writ Petition Seeking Quashing of Criminal Case Against Former Bank Director. A legal battle over the applicability of the Maharashtra Protection of Interest of Depositors Act to cooperative banks in India.

6 May 2024

Writ petition filed under Article 226 of the Constitution of India along with Section 482 of the Code of Criminal Procedure, seeking the quashing of a...

Supreme Court

Supreme Court Allows Appeal Against Quashing of FIR in Bank Fraud Case — High Court Erred in Holding That Section 81(5B) of Maharashtra Co-operative Societies Act, 1960 Bars Registration of FIR by Third Party Based on Audit Report. The Court held that the special procedure under Section 81(5B) does not override the general criminal procedure for third-party complaints, and the FIR based on an audit report disclosing cognizable offences must be investigated.

20 Jul 2023

The appeal arises from a judgment of the Bombay High Court quashing FIR No. 806 of 2019 lodged by the appellant, Dhanraj N Asawani, against the respon...

Supreme Court

Supreme Court Sets Aside High Court Orders in SARFAESI Act Recovery Case, Reiterates Limited Scope of Article 226 in Private Financial Disputes. The Court held that the High Court cannot entertain writ petitions challenging SARFAESI Act actions when an alternative remedy under Section 17 of the Act is available, and the interim arrangement by the Supreme Court did not confer jurisdiction to decide merits after DRT became functional.

17 Apr 2023

The case involves appeals by a lender bank against orders of the Kerala High Court that entertained writ petitions filed by borrowers (respondents) ch...

Supreme Court

Supreme Court Allows Union of India's Application for Transfer of Funds from Sahara-SEBI Refund Account to Benefit Depositors of Cooperative Societies. Court Directs Transfer of Rs. 5,000 Crores to Central Registrar of Cooperative Societies for Disbursement to Genuine Depositors Under Judicial Supervision, Finding the Prayer Reasonable and in Larger Public Interest.

29 Mar 2023

The Supreme Court considered an application filed by the Union of India, Ministry of Corporation, seeking directions to transfer Rs. 5,000 Crores from...

Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

Supreme Court

Supreme Court Dismisses SEBI's Appeal in Securities Market Violation Case Due to Absence of Question of Law. Tribunal's Factual Findings on Advertisements, Manipulation, and Natural Justice Upheld, with Jurisdiction Under Section 15Z of SEBI Act, 1992 Confined to Legal Issues.

25 Mar 2022

The dispute arose from a statutory appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992, filed by SEBI against the Securit...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Fraud Case Under Section 482 Cr.P.C. - High Court's refusal to quash proceedings set aside as F.I.R. lacked prima facie evidence against accused for offences under Sections 406, 420, 467, 468, 471, and 120-B IPC, with allegations limited to purchase of property not under attachment.

3 Feb 2022

The dispute arose from a criminal complaint filed by the original complainant, leading to an F.I.R. registered under Sections 406, 420, 467, 468, 471,...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Act Case Due to Non-Application of Mind and Stale Material. Detenu Granted Bail Months Before Detention Order, Conditions Fulfilled, No Breach of Public Order Established.

25 Jan 2022

The Supreme Court allowed the appeal against the preventive detention of the detenu under the Telangana Prevention of Dangerous Activities Act, 1986. ...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

3 Jan 2022

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

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