No Director of the Company Is Disqualifying Without Giving Notice: Madras High Court
Case: Akash Ramani vs Union Of India on 26 March 2021 Facts of the Case A petition was filed by Akash Ramani, the petitioner against
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Case: Akash Ramani vs Union Of India on 26 March 2021 Facts of the Case A petition was filed by Akash Ramani, the petitioner against
The present petition was filed by the petitioners under Section 482 of Cr. P.C. seeking quashing of FIR which was registered at Banihal Police Station for the commission of offences under Sections 420, 467, 468, 471, 472, 474, 109 RPC. The High Court quashed the FIR considering it to be unfair and contrary to the interest of justice as the issue was resolved amicably by the parties thereto and was reduced into writing by way of a deed of compromise.
During the proceedings, the Court made observations that the petitioners were willing to pay the outstanding amount to the Respondent Bank in installment. Henceforth, the Court ordered that the e-auction sale of the secured assets of the petitioners be set aside.
A petition was filed by the petitioners under Section 482 of the Criminal Procedure Code (CrPC) to seek police protection as their lives and personal liberty were at risk. Further, the same was granted by the High Court of Rajasthan on the basis of two reasons. First, Article 21 of the Indian Constitution guarantees protection to life and personal liberty. Second, Section 29 of the Rajasthan Police Act, 2017 bounds the police officers to give protection to every citizen.
In a judgement on 23 March 2021, the Supreme court observed that a message received by a cryptic telephonic call, which does not clearly specify the offence cannot be treated as an FIR.
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