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Nov 05 2003

V.L.S. Finance Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-05-2003

Subject : Company

Acts : Companies Act, 1956 - Sections 209(A), 211, 621, 621A, 621A(1) and 621A(7); Company Law Board Regulations, 1991 - Sections 40(1); Code of Criminal Procedure (CrPC) , 1973; Companies (Amendment) Act, 1988

Reported in : 2003VIIIAD(Delhi)166; [2005]123CompCas433(Delhi); 108(2003)DLT159

621A. Composition of certain offences - (1) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), any offence punishable under this … both, shall be compoundable with the permission of the Court, in accordance with the procedure laid down in the Criminal Procedure Code. Sub-section (1) of Section 621 of the Companies Act provides that no Court shall take cognizance of any … and to whom show cause notice was also issued, submitted an application before the Company Law Board under Section 40(1) of the Company Law Board Regulations, 1991 and Section 621A of the Companies Act for composition of offence

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Oct 17 1996

Shri Rajendra Baburao Gholap, Shri Chhatrapati Sahakari Sakhar Karkhan ...

Court : Mumbai

Decided on : Oct-17-1996

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 39, 40, 48; Code of Criminal Procedure (CrPC) , 1973 - Sections 200

Reported in : 1998(1)BomCR600; [1997(75)FLR331]

of Criminal Procedure, 1898 (Corresponding provision of the Code of Criminal Procedure, 1973) and the rest of the provisions of the Code of Criminal Procedure … offence is one prescribed in a labour statute, it would be incorrect to brush away the requirements of Criminal Procedure Code which have been incorporated as safeguards under the Act. 7. Both the courts below erroneously over-ruled the objection … In respect of offences punishable under this Act, a Labour Court shall have all the powers under the Code of Criminal Procedure, 1898. (V of 1898), of a Presidency Magistrate in Greater Bombay and a Magistrate of … on report in writing by the Investigating Officer'.Section 40 provides as under : 'Powers and Procedure of … inter alia therein that the present petitioners had committed an offence under section 48 of the Act and praying that they be punished in accordance

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Apr 14 2003

Bipinchandra Parshottamdas Patel (Vakil) Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Apr-14-2003

Subject : ConstitutionFood Adulteration

Acts : Gujarat Municipalities Act, 1963 - Sections 40, 40(1), 40(2) and 40(3); Indian Penal Code (IPC) - Sections 143, 147, 148, 149 and 307; Arms Act - Sections 25(C); Bombay Police Act - Sections 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 167, 170, 173, 190, 209, 228, 251, 254(1), 262, 319 and 319(1); Prevention of Corruption Act, 1947; Bombay Prohibition Act, 1949; Prevention of Food Adulteration Act, 1954 - Sections 16(1), 16A and 20A

Reported in : AIR2003SC2256; (2003)2GLR1577; JT2003(4)SC35; 2003(4)SCALE17; (2003)4SCC642; [2003]3SCR533; 2003(2)LC1116(SC)

from the stage of Section 228 of the Code of Criminal Procedure, 1973. An investigation and/or an inquiry, the learned senior counsel would contend, cannot … that the provision is intended to cover detention in prison during trial under provisions of any law including the criminal procedure code. As rightly pointed out by the Division Bench of the High Court, the word 'trial' cannot be given … offences under Sections 307,143, 147, 148 and 149 of the Indian Penal Code read with Section 25(c) of theArms Act and under Section 135 of … brother S.B. Sinha, J. I do not propose to reiterate them.The petition in hand calls for interpretation of Section 40 of the GujaratMunicipalities Act, 1963 (for short 'the Act').3. Section 40(1) is disjunctive in nature. First part of

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May 21 2007

Dr. Vijay Mallya Vs. Enforcement Directorate

Court : Delhi

Decided on : May-21-2007

Subject : FERA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 40 and 56; Code of Criminal Procedure (CrPC) - Sections 83, 133, 143, 190, 219(1), 325, 397, 446, 460, 461 and 464; Foreign Exchange Rules, 1974 - Rule 3

Reported in : 141(2007)DLT202; [2008]82SCL427(Delhi)

not in accordance with law because the order violates the mandate of Section 219(1) of the Code of Criminal Procedure (hereinafter the 'Code') on two counts. Firstly, the trial Court proceeded to frame four charges, contrary to the … law because the order violates the mandate of Section 219(1) of the Code of Criminal Procedure (hereinafter the 'Code') on two counts. Firstly, the trial … petitioner of committing offences punishable under Section 56, Foreign Exchange Regulation Act, 1973 (hereafter called 'FERA'). 2. The criminal proceedings were initiated against the petitioner … in connection with investigation and had issued summons on several dates, viz 15.9.1999, 7.10.1999, 8.11.1999 and 21.12.1999, under Section 40 for his appearance together with documents such as his passport and correspondence etc. relating to an agreement. According

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Sep 01 1999

Employees' State Insurance Corporation Vs. K.A. Vijayan and Anr.

Court : Kerala

Decided on : Sep-01-1999

Subject : Company

Acts : Employees' State Insurance Act, 1948 - Sections 86A

Reported in : [2000]99CompCas31(Ker)

petitioner. The revision is directed against the judgment dated July29, 1993, discharging the accused under Section 245(1) of the Criminal Procedure Code, 1973.2. The respondents were prosecuted for the offences punishable under Section 85(a) and (c) of the Employees' State … July29, 1993, discharging the accused under Section 245(1) of the Criminal Procedure Code, 1973.2. The respondents were prosecuted for the offences punishable under Section 85(a) … Insurance contribution in time for the period from April 1, 1990, to September 30, 1990, as provided under Section 40 of the Act read with regulations 29 and 31 of the Employees' State Insurance (General) Regulations, 1950. The

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Oct 08 2002

Enforcement Directorate Vs. Ajay Bakliwal

Court : Delhi

Decided on : Oct-08-2002

Subject : FERA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 40, 40(1), 40(3), 40(4), 56 and 56(1); Indian Penal Code (IPC) - Sections 228 and 174; Code of Criminal Procedure (CrPC) - Sections 5, 482 and 483

Reported in : 2003CriLJ1813; 101(2002)DLT92; 2003(66)DRJ87; 2003(85)ECC308

inquiry, search, seizure, trial and imposition of punishment for offences under FERA, Section 5 of the Code of Criminal Procedure is not applicable in respect of offences under FERA.'13. An objection has been raised by learned counsel for … Anr. v. M. Samba Siva Rao and Ors. : 2000CriLJ3170 wherein the contentions question whether summons issued under Section 40 of the Foreign Exchange Regulation Act, 1973 (in short FERA) if not obeyed can be held to be … 174 or any other relevant provision under Chapter 10 of Indian Penal Code relating to contempts of the lawful authority of public servants and not

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Mar 31 1982

CadglIn A. D'Souza and Anr. Vs. Harichandrai Vanjumal Sangtani and Anr ...

Court : Mumbai

Decided on : Mar-31-1982

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 145 and 145(3); Evidence Act, 1872 - Sections 40 to 43; Constitution of India - Article 227

Reported in : 1983(1)BomCR313

proceed with the enquiry under section 145 of the Criminal Procedure Code, 1973 or having proceeded with the enquiry he had no jurisdiction to record … a petition filed by the petitioners who were originally the opposite parties in proceedings under section 145 of the Criminal Procedure Code. Respondent No. 1 to this petition was the first party who commenced the proceedings under section 145 of … by the petitioners who were originally the opposite parties in proceedings under section 145 of the Criminal Procedure Code. Respondent No. 1 to this petition was the first party who commenced the proceedings under section 145 of … be admissible only if it fulfilled the conditions laid down in sections 40 to 43 of the Evidence Act. The earlier judgment was admissible to

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May 09 2000

Enforcement Directorate and anr. Vs. M. Samba Siva Rao and ors.

Court : Supreme Court of India

Decided on : May-09-2000

Subject : CriminalFERA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 8(1), 13, 18A, 19, 40, 43(4), 44, 45(1), 49, 56, 57 and 58; Indian Penal Code (IPC) - Sections 193 and 228; Code of Civil Procedure (CPC) , 1908 - Sections 132; Code of Criminal Procedure (CrPC) - Sections 4, 5 and 188; General Clauses Act, 1897

Reported in : [2001]104CompCas4(SC); 2000CriLJ3170; 2000(3)CTC313; 2000(69)ECC442; 2000LC649(SC); 2001(134)ELT605(SC); JT2000(6)SC514; 2000(2)KLT805(SC); RLW2000(2)SC304; 2000(4)SCALE50

than six months.(6) Nothing in (the provisions to Section 188 of the CrPC, 1973) shall apply to any offence punishable under this Section.The answer to … imprisonment for a term of less than six months.(6) Nothing in (the provisions to Section 188 of the CrPC, 1973) shall apply to any offence punishable under this Section.The answer to the questions raised would depend upon an … consideration in all these appeals is whether refusal on the part of a person, who is summoned under Section 40 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as 'the Act') to comply with the directions … Court in the case of C. Sampath Kumar v. A.N. Dyaneswaran in Criminal O.P. No. 5468 and 5629 of 1996 and was disposed of by … Sections 193 & 228 of the Indian Penal Code.Section 56.-Offences and prosecutions.-(I) Without prejudice to any award

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Dec 08 2005

Sivakumar Vs. State by Inspector of Police

Court : Supreme Court of India

Decided on : Dec-08-2005

Subject : Criminal

Acts : Arms Act, 1962; Evidence Act - Sections 26; Madras Village Courts Act, 1889 - Sections 7; Madras Village Panchayats Act, 1950 - Sections 132I; Indian Penal Code (IPC) - Sections 27, 174, 302 and 304; Code of Criminal Procedure (CrPC) , 1882 - Sections 528(6); Code of Criminal Procedure (CrPC) (Amendment) Act, 1898 - Sections 528 and 528(6); Code of Criminal Procedure (CrPC) (Amendment) Act, 1973 - Sections 40, 40(2), 162, 164, 406, 407, 408, 409, 410 and 411; Arms Rules, 1962; Criminal Practice Rules - Rule 72; Criminal Rules of Practice and Orders, 1931; Madras Village Police Regulations, 1816 - Regulation 6; Madras Village Police Regulations, 1821; Constitution of India - Article 227

Reported in : AIR2006SC653; 2006CriLJ536; 2006(1)CTC150; JT2005(10)SC379; RLW2006(1)SC440; (2006)1SCC714

he is posted but the same would not make him a person in authority. Even under certain circumstances, Section 40 of the Code of Criminal Procedure (for short 'the 1973 Code') enjoins a duty upon every officer employed … the Presidency of Fort St. George or elsewhere unless such headman is a magistrate under the provisions of the Criminal Procedure Code, 1882. The only provision where such a power may be traced to was Section 528(6) of the Criminal … Information Report whereupon a case under Section 174 of the Indian Penal Code was registered. One Dr. Jothi Arunachalam (PW-11) conducted autopsy on the dead

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Jun 19 1996

Assistant Director, Enforcement Directorate (Fera) Ministry of Finance ...

Court : Andhra Pradesh

Decided on : Jun-19-1996

Subject : FERACriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 164(2 and 3), 463; Foreign Exchange Regulation Act, 1973 - Sections 9(1), 35, 37, 40 and 56; Central Excise and Salt Act, 1944 - Sections 14; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Sea Customs Act - Sections 167(81) and 171-A; Customs Act, 1962 - Sections 108; Evidence Act, 1872 - Sections 24, 25 and 30; Constitution of India - Articles 20(3) and 21

Reported in : 1998(4)ALD540; 1998(2)ALD(Cri)272; 1998(2)ALT(Cri)552; [1999]96CompCas745(AP)

accordance with law at an early date. Criminal - confession - Sections 164 (2) and 164 (3) of Criminal Procedure Code, 1973 and Sections 9 (1) (b), 9 (1) (d) and 40 of Foreign Exchange Regulation Act, 1973 - … be required : Provided that the exemption under Section 132 of the Code of Civil Procedure, 1908 (5 of 1908) shall be applicable to any … the statements of the accused on 17-8-1987, 18-8-1987 and 15-9-1987 by PW1, the Chief Enforcement Officer, Hyderabad, under Section 40 of the Act. It is alleged that the accused made voluntary statements admitting the receipt of monies of

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