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1 - 10 of 10 (0.28 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 141 in The Companies Act, 1956 [Entire Act]
Section 204 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 5 in The Companies Act, 1956 [Entire Act]
The Companies Act, 1956
Sunil Bharti Mittal vs Cbi on 9 January, 2015
11. Learned counsel appearing for petitioners in support of aforesaid
statements relied upon the ratio laid down by the Hon'ble Supreme Court in
the case of Sunil Bharti Mittal V. CBI reported in (2015) 4 Supreme Court
Cases 609. It is submitted that, Sine qua non for taking cognizance of the
offence is the application of mind by the Magistrate and his satisfaction that
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Bhagyawant 8
Judgment wp 4470-17.doc
the allegations, if proved, would constitute an offence. It is submitted that, in
the impugned order no reasons are assigned before issuing the process against
the petitioners.
Indian Companies Act, 1913
K.K. Ahuja vs V.K. Vora & Anr on 6 July, 2009
17. As already observed, the averments in the complaint fulfills the
mandate of provisions of the said Act. The Hon'ble Supreme Court in the
aforesaid judgment in para 34.2 has clearly held that on an over all reading of
the complaint, the High Court can refuse to quash the complaint because the
complaint contains the basic averments which is sufficient to make out a case
against the Director. The Supreme Court in the case of K.K. Ahuja Vs. V.K.
Vora & Anr. Reported in (2009) 10 Supreme Court Cases 48 in para 27 held
as under:-
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
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