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1 - 10 of 19 (0.25 seconds)The Companies Act, 1956
Section 24 in The University Grants Commission Act, 1956 [Entire Act]
The University Grants Commission Act, 1956
Section 420 in The Indian Penal Code, 1860 [Entire Act]
The Provincial Insolvency Act, 1920
Section 147 in The Companies Act, 1956 [Entire Act]
Prem Chand Jain & Anr vs R. K. Chhabra on 13 February, 1984
10. It may be noted that earlier also the office bearers of the Petitioner‟s
company were prosecuted and convicted for offence punishable under
Section 24 IPC, which conviction was upheld by this Court. On an appeal,
the Hon‟ble Supreme Court in Prem Chand Jain & Anr. Vs. R.K. Chhabra
AIR 1984 SC 981 considered the issues at length. In the said appeal the vires
of the UGC Act were also challenged, which were upheld by the Hon‟ble
Supreme Court. Their Lordships declined to accept the submissions of the
learned counsel for the Appellant therein that the definition of the
„University‟ given in Section 2 (f) or the prohibition in Section 23 of the
UGC Act are ultra vires on the ground that such provisions were beyond the
legislative competence of the Parliament. It may be noted that in the said
judgment, their Lordships acquitted the Appellants therein in view of the fact
that they had resigned in between 1962 to 1970 and the fact that in view of
the Companies Act they were under a misapprehension that they could use
the word „University‟. Their Lordships in held:
State Of Himachal Pradesh vs Pawan Kumar on 8 April, 2005
Neither the UGC nor the State is a complainant and the
complainant K. Ambalavanan had no locus standi to file the complaint or
prosecute the Petitioner. The contentions of the Petitioner have not been
taken into consideration and Section 147 of the Companies Act does not find
mention in any of the two judgments impugned. It is contended that in case
of two parallel Statutes for penal provisions, the Petitioner can be dealt only
with the one which provides for lesser punishment. Reliance is placed on
Crl.Rev.P.463/2009 Page 2 of 9
State of H.P. Vs. Pawan Kumar (2005) 4 SCC 350 to contend that one of the
basic principles of interpretation to a Statute is to construe it according to
plane, literal and grammatical meaning of the words. If the same are
contrary to the expressed intention or declared purpose of the Statute or
involve absurdity or repugnancy or inconsistency, the grammatical sense
must be modified, extended or abridged to avoid such an inconvenience.