Criminal court lacks inherent power to revive dismissed ...

IPO fund diversion charges: Dismissed case can't revive, fresh filing allowed.

Case Laws Companies Law

September 13, 2024

Criminal court lacks inherent power to revive dismissed complaint. Filing fresh complaint allowed, not recalling dismissed one. IPO fund diversion allegation under Companies Act 2013 Sections 447/448. Order restoring dismissed complaint quashed as lacking jurisdiction under Supreme Court precedent. Consequential proceedings set aside. Petition allowed.

View Source

← Previous Next →

Criminal court lacks inherent power to revive dismissed ...

IPO fund diversion charges: Dismissed case can't revive, fresh filing allowed.

Case Laws Companies Law

September 13, 2024

You may also like:

Disallowance of financial expenses in proportion to purchase from bogus companies was challenged. The assessing officer disallowed expenditure to the extent of paper...

Disallowance of excess interest paid - diversion of funds for non-business purposes - It is immaterial how the loan was treated by the Director - as far as the assessee...

This summary concerns the maintainability of a fresh application u/s 94 of the Insolvency and Bankruptcy Code. The appellant had filed an application u/s 94 in 2020,...

Stock Broking service - Valuation - inclusion of Misc. charges, turnover charges, Trade Guarantee Fund (TGF), Investor's Protection Fund (IPF), Stamp duty, Stock...

Permission to withdraw application filed u/s 9 of the Insolvency and Bankruptcy Code, 2016 was denied, and the Appellant challenged the order contending error in not...

Grant of regular bail - Diversion of funds - Since the charge-sheet in the instant matter has already been filed, merely because ED is still further investigating the...

Deduction u/s 37 - Provision for Suraksha Fund - Suraksha Fund created by the order of Office of the Registrar, Co-operative Societies, Rajasthan - diversion by...

Dishonor of Cheque - the complaint was dismissed on the ground that it has been filed prematurely - the complaint which has not proceeded further in view of the fact...

Rejection of an application filed u/s 10 of the Insolvency and Bankruptcy Code (IBC) by the Appellant, where the State Bank of India (SBI) had initiated proceedings u/s...

Tribunal set aside charge-sheet against Income Tax Commissioner for deleting addition while deciding appeal hastily. Order initially reversed by ITAT but later remanded...

Diversion of income by overriding title - The assessee may be trustee of that fund but it cannot apply the fund as per his own will. The interest, if any, earned on this...

The assessee failed to demonstrate that the financial assistance availed on interest was utilized for business purposes without diversion. Where an assessee has...

Disallowance of interest u/s 36(1)(iii) on proportionate basis - mixed funds i.e own funds as well as borrowed funds - commercial expediency - charging / non-charging of...

Applicability of GST - Benefit of exemption - Supply of Services by Residents’ Welfare Association (RWA) - The case involved an appeal by a Residents' Welfare...

Cancellation of GST Registrations - returns not filed for a continuous period of 6 months - Since, no useful will be served by not allowing persons like the petitioners...

Quick Updates: