Search Results Page

Search Results

1 - 4 of 4 (0.19 seconds)

M/S Peoples General Hospital Private ... vs Union Of India on 3 November, 2023

10. Another ground raised by learned senior counsel is that the offence comes within the ambit of Companies Act, 1956, therefore, offence as alleged is not cognizable under the Act of 2013. Thus, offence under Section 447 of the Act of 2013 cannot be treated having as ex post facto application of penal provision and placed reliance on the judgments of Apex Court in the matter of Union of India and Ors. Vs. Ganapati Dealcom Pvt. Ltd., (2023) 3 SCC 315, T. Barai Vs. Henry Ah Hoe, (1983) 1 SCC 177, Swetab Kumar Vs. Ministry of Environment, Forest and Climate Change, 2023 SCC OnLine SC 339. According to him, initial complaint is against the legal position, therefore, consequential proceedings are vitiated.
Madhya Pradesh High Court Cites 17 - Cited by 0 - A Pathak - Full Document

Ambrish Sharma vs Director Of Enforcement on 13 March, 2024

Learned counsel has also placed reliance an order passed the Apex Court in the case of Swetab Kumar Vs. Ministry of Environment, Forest and Climate Change reported in 2023 SCC Online SC 339 and submits that an amendment act cannot post facto criminalize the possession. The Apex Court held that such a prosecution in view of the ex post facto amendment is directly violative of article 20 (1) of the Constitution of India.
Madhya Pradesh High Court Cites 26 - Cited by 0 - M S Bhatti - Full Document
1