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1 - 10 of 27 (0.27 seconds)Section 145 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Birla Corporation Ltd. vs Adventz Investments And Holdings Ltd. on 9 May, 2019
20. The Hon'ble Supreme Court in Birla Corporation Ltd. V. Adventz
Investments and Holdings reported in (2019) 16 SCC 610), the Hon'ble
Supreme Court has explained the scope of term enquiry as below:-
Vijay Dhanuka Etc vs Najima Mamtaj Etc on 27 March, 2014
“10. Section 202 of the Code confers jurisdiction on the
Magistrate to conduct an inquiry for the purpose of deciding
whether sufficient grounds justifying the issue of process are
made out. The amendment to Section 202 of the Code with
effect from 23-6-2006, vide Act 25 of 2005, made it mandatory
for the Magistrate to conduct an inquiry before issue of
process, in a case where the accused resides beyond the area
of jurisdiction of the court. (See :Vijay Dhanuka v. Najima
Mamtaj [Vijay Dhanuka v. Najima Mamtaj, (2014) 14 SCC
638 : (2015) 1 SCC (Cri) 479] , Abhijit Pawar v. Hemant
Madhukar Nimbalkar [Abhijit Pawar v. Hemant Madhukar
Nimbalkar, (2017) 3 SCC 528 : (2017) 2 SCC (Cri) 192] and
Birla Corpn. Ltd. v. Adventz Investments & Holdings Ltd.
The Negotiable Instruments Act, 1881
Sunil Todi vs The State Of Gujarat on 3 December, 2021
18. The Dictum laid in Sunil Todi following the Constitutional Bench
Judgment, is the law of the land and the same has been consistently followed by
the Courts in India. The judgments cited by the learned Senior Counsel
appearing for the petitioner also does not say anything contrary to the dictum
laid in the Constitutional Bench which is followed in Sunil Todi case.
The Code of Criminal Procedure, 1973
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
National Bank Of Oman vs Barakara Abdul Aziz & Anr on 3 December, 2012
(i) National Bank of Oman vs. Barakara Abdul Aziz and another
reported in (2013) 2 SCC 488.