Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
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SFIO prosecutions under the Companies Act, 2013 follow a self-contained special procedure, and the investigation report under Section 212(15) is treated as a police report for cognizance purposes. The HC held that this statutory scheme excludes the BNSS proviso on notice before cognizance, because Section 223 applies to Magistrates and not to Special Courts functioning under the Companies Act. The Court further held that the Act overrides inconsistent general criminal procedure, so no pre-cognizance hearing is required before the Special Court in an SFIO complaint.
SFIO prosecutions under the Companies Act, 2013 follow a self-contained special procedure, and the investigation report under Section 212(15) is treated as a police report for cognizance purposes. The HC held that this statutory scheme excludes the BNSS proviso on notice before cognizance, because Section 223 applies to Magistrates and not to Special Courts functioning under the Companies Act. The Court further held that the Act overrides inconsistent general criminal procedure, so no pre-cognizance hearing is required before the Special Court in an SFIO complaint.
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