HC dismissed the appeal, rejecting the plaintiff's plaint for ...

Property Rights Challenge Fails: Plaintiff's Injunction Rejected Due to Insufficient Legal Standing Under Section 241

April 24, 2025

Case Laws Companies Law HC

HC dismissed the appeal, rejecting the plaintiff's plaint for permanent injunction. The court found critical deficiencies in the plaintiff's legal standing, specifically a non-disclosure of legal rights to the subject property. The plaintiff failed to establish a clear cause of action and proper legal basis for the suit. The court determined that any grievances regarding company mismanagement should be addressed under Section 241 of the Companies Act, 2013, rather than through the current litigation. The judgment emphasized procedural inadequacies and lack of substantive legal grounds, rendering the suit non-maintainable. Consequently, the appeal was dismissed without interference.

View Source

← Previous Next →

HC dismissed the appeal, rejecting the plaintiff's plaint for ...

Property Rights Challenge Fails: Plaintiff's Injunction Rejected Due to Insufficient Legal Standing Under Section 241

April 24, 2025

Case Laws Companies Law HC

You may also like:

The plaintiff sought a mandatory injunction for possession of the suit property and a permanent injunction restraining the defendants from dispossessing or interfering...

The original appellant (now deceased) was represented by her son as her legal representative. The suit initially sought a permanent prohibitory injunction regarding a...

Suit dismissed. Plaintiff company's suit seeking possession and permanent injunction rejected. HC granted permanent injunction against plaintiff barring reliance on sale...

Recovery proceedings of tax dues - preferential right - secured creditors - Income Tax Department’s preferential right to recovery of debts over other creditors is...

The plaintiffs/appellants, as universal legatees of the estate of Late Smt. Priyamvada Debi Birla, lack legal standing to initiate the suit seeking a declaration that...

Reclaim of goods after surrender of rights in warehoused Goods (after import) u/s 23(3) - Due to increased customs duty, the plaintiffs could not take the delivery of...

Dishonor of Cheque - cheques have been endorsed in favour of the plaintiff - The effect of an endorsement of a Negotiable Instrument with the endorsements as illustrated...

The Income Tax Appellate Tribunal (ITAT) allowed the assessee's appeal for statistical purposes in relation to the computation of capital gains arising from the transfer...

The court dismissed the petition challenging the auction process for sale of the property and seeking refund of the purchase price paid by the petitioner as the...

Capital gain in respect of sale of only one property - addition u/s 50C - assessee itself had leasehold rights in the said property and hence in instant facts, the...

Oppression and mismanagement - grave and irreparable loss - Seeking an injunction to restrain the defendants from enforcing an anti-suit permanent injunction order...

HC dismissed second appeal concerning damages claimed for alleged malicious prosecution following dishonored cheque case. Plaintiff failed to establish essential...

Sale of mortgaged property for recovery of excise dues - Excise dues are not dues which arise out of land or building. Such liabilities could be in the form of property...

The case involves property forfeiture under SAFEMA, which was also part of TADA proceedings. The Appellant's challenge based on different statutes was rejected. The...

Benami transaction - Co-owner of the property or not - there is no written documents, in support of the plaintiff's plea that there was a partnership arrangement between...

Quick Updates: