Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Misappropriation of funds/ assets/ shares/ stocks of the said company - illegally transferring of company assets - fraud - the Delhi High Court addressed the legal complexities surrounding the cognizance of offenses under the Companies Act 2013. The Court delineated the specific conditions under which offenses like fraud (Section 447) and loans to directors (Section 185) could be prosecuted, emphasizing the need for complaints to be lodged by designated authorities and within stipulated time frames. It also clarified the concept of continuing offenses with respect to wrongful withholding of company property (Section 452), which impacts the calculation of the limitation period. - The High Court set aside the cognizance due to improper initiation and expiration of the limitation period.
Misappropriation of funds/ assets/ shares/ stocks of the said company - illegally transferring of company assets - fraud - the Delhi High Court addressed the legal complexities surrounding the cognizance of offenses under the Companies Act 2013. The Court delineated the specific conditions under which offenses like fraud (Section 447) and loans to directors (Section 185) could be prosecuted, emphasizing the need for complaints to be lodged by designated authorities and within stipulated time frames. It also clarified the concept of continuing offenses with respect to wrongful withholding of company property (Section 452), which impacts the calculation of the limitation period. - The High Court set aside the cognizance due to improper initiation and expiration of the limitation period.
Note: It is a system-generated summary and is for quick reference only.