April 13, 2025 6:22 pm

Companies Act, 1956 – Sections 3 and 560(5) – Striking off name of company – Defunct company – As per the last balance sheet filed for the year 20022003, the paid up share capital of the Company in question was Rs.7,000/ – such acompany defunct company caanot be restored after 16 years stiking of name.

Bysclaw

Oct 8, 2022

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By sclaw

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Constitution Corporate

Writ jurisdiction under Article 226 of the Constitution is not absolutely barred by the statutory arbitration mechanism under the MSMED Act and can be exercised in exceptional cases, such as violations of fundamental rights, natural justice, or jurisdictional errors, despite the availability of alternative remedies

Jan 26, 2025 sclaw

Banking Corporate

Bank Loan — Auction — Solatium — Co-operative Bank, granted a business loan of Rs. 25,00,000 to respondents 1, 2, 5, and 6 — Upon default, the bank initiated recovery proceedings before the Assistant Registrar of Co-operative Societies, who awarded Rs. 21,92,942 with interest to the bank — The borrowers’ property was auctioned, with the appellant offering the highest bid of Rs. 81,20,000 — A sale confirmation certificate was issued, but the 1st and 2nd respondents challenged the auction in the Karnataka High Court — The court set aside the auction, noting that the borrowers had deposited Rs. 25,61,400 within three months of the writ petition and ordered the bank to refund the auction amount along with 5% additional compensation to the appellant — The appellant argued that the 5% solatium was inadequate and sought interest for being deprived of the auction amount since July 2019 — The court found merit in the appellant’s claim, ruling that the 4th respondent bank, which initiated the auction, must pay the appellant interest at 6% per annum on the Rs. 81,20,000 from 21st July 2019 until the refund — The court modified the earlier judgments, setting aside the 5% compensation and directing the bank to pay interest.

Oct 21, 2024 sclaw

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw

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Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry — Consent to sexual intercourse given by a mature individual, fully aware from the outset that the promisor is already married (though separated), cannot be deemed to be vitiated by a “misconception of fact” under Section 375 IPC merely based on a promise to marry after obtaining a divorce

Apr 13, 2025 sclaw

Registration Act State Laws

Registration Act, 1908 — Tamil Nadu Registration Rules — Rule 55A(i) — Validity — Ultra Vires — Rule 55A(i) of the Tamil Nadu Registration Rules, which empowers a registering officer to refuse registration of a document relating to immovable property unless the presentant produces the previous original title deed of the executant or other specified proof of the executant’s right/title, is declared ultra vires the Registration Act, 1908

Apr 13, 2025 sclaw

Motor Vehicles Act, 1988 — Claim Petitions — Standard of Proof — In motor accident claim proceedings, the standard of proof required to establish the involvement of a vehicle and negligence is based on the preponderance of probabilities, not proof beyond a reasonable doubt as required in criminal cases

Apr 13, 2025 sclaw

Consumer General Insurance

Consumer Protection Act, 1986 — Pleading and Evidence — Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor’s report assessing quantum of loss, for the first time in a rejoinder

Apr 13, 2025 sclaw