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Showing posts with the label aggrieved

Former husband cannot be an aggrieved person for an offence of adultery

The High Court of Kerala, has held that only a husband can be an aggrieved person to file a complaint of adultery. The court was considering the plea of the revision petitioner who stood convicted on concurrent findings of two courts below for the offence of adultery. The material facts would show that, the revision petitioner developed sexual intimacy with the wife of the defacto complainant. Though he was reprimanded by the defacto complainant, he turned a deaf ear to the same. The defacto complaint thereafter obtained divorce from his wife. He subsequently filed a complaint against the revision petitioner for offence of adultery. Upholding the contentions of the revision petitioner, that a former husband cannot be an aggrieved person for an offence of adultery, the court observed that entire proceedings meted out against the petitioner was not to redress the grievance of the de facto complainant , but with an intention to harass his eschewed wife. Allowing the revision petition an...

SEBI has no locus in Scheme Petition under sections 391, 394 of Companies Act: High Court

Stock market regulator Securities and Exchange Board of India (SEBI) does not have locus to intervene in a Scheme Petition under Sections (391 and 394) of Companies Act, the Bombay High Court has held in a recent judgment by Justice Kathawalla. Sections 391 and 394 of the Companies Act deal with issues relating to merger, amalgamation, restructuring of companies. SEBI had applied to the Bombay High Court to set aside the High Court’s earlier order sanctioning a scheme of arrangement and amalgamation in a matter relating to Ikisan Ltd and Kakinada Fertilizers . SEBI had contended in its application that a fraud had been perpetrated on the Court by suppression and/or misrepresentation of facts and documents relating to the court sanctioned composite scheme between Kakinada Fertilizers, erstwhile Nagarjuna Fertilizers and Chemicals Ltd (NFCL), Ikisan Ltd and Nagarjuna Oil Refinery Ltd (NORL). Under this composite scheme, the oil business of the erstwhile NFCL was demerged into NORL an...