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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJAN ROY, PRASHANT KUMAR
Praveen Singh @ Praveen Singh Bafila – Appellant
Versus
Bahujan Nirbal Varg Sahkari Grih Nirman Samiti Ltd. Thru. its Secy. – Respondent
Headnote: Read headnote
| Table of Content |
|---|
| 1. the legal standing of intrinsic fraud and procedural conformity. (Para 1 , 2 , 5 , 10 , 19) |
| 2. interim orders must conform to the broader scope of justice. (Para 3 , 4 , 30 , 32 , 34 , 76) |
| 3. judicial discretion allows for contextual adjustment of legal relief. (Para 12 , 33 , 38 , 50 , 52) |
| 4. regulatory action is permissible to prevent abuse. (Para 20 , 31 , 61 , 73) |
| 5. affirmation of the judicial discretion exercised by the single judge. (Para 22 , 24 , 79) |
Courts can mold relief and order investigations in cases of fraud, ensuring justice even beyond explicit petition requests.
The main legal point established in the judgment is the determination of the maintainability of appeals based on the exercise of criminal jurisdiction by the Learned Single Judge and the nature of re....
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
The High Court ruled that parties must reveal all material facts in writ petitions and that statutory remedies available under the SARFAESI Act must be pursued before invoking writ jurisdiction.
The court established that the inclusion of necessary parties is essential for justice, and the arbitrator must utilize their powers to summon witnesses in cases involving allegations of fraud.
Criminal proceedings cannot be initiated for civil disputes; FIR based on partnership agreements is an abuse of legal process.
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