Maintainability of Criminal proceedings - illegal allotment of ...

Case Laws Companies Law

April 5, 2024

Maintainability of Criminal proceedings - illegal allotment of shares - illegal appointment of petitioner as a director and transfer of shares - The court highlighted the distinct domains of the NCLT and criminal courts, stressing that findings in civil adjudications (NCLT) do not automatically negate criminal prosecutions. - The court scrutinized the allegations of digital signature misuse, unauthorized share transfers, and surreptitious changes in directorship. It found that these allegations, supported by evidence collected during the investigation, merited closer examination under criminal law, contrary to the trial court's decision which leaned heavily on NCLT findings. - n a pivotal move, the High Court set aside the trial court's order, remanding the matter for a fresh evaluation.

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Maintainability of Criminal proceedings - illegal allotment of ...

Case Laws Companies Law

April 5, 2024

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