Specialized Investment Fund distribution now requires dedicated certification, while transitional recognition preserves existing qualified distributor...
Overlapping GST proceedings require Central and State authorities to designate one competent authority for coordinated adjudication of the same matter...
Composite healthcare supplies retain exemption when patient care is the contract's essential character, despite payment through an implementing agency...
Statutory requirement of a written complaint for offences under...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fail.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Statutory requirement of a written complaint for offences under the Securities Contracts (Regulation) Act governs court cognizance, even where police may investigate a cognizable offence. A police report cannot support cognizance by the Sessions Court, although investigation material may be used by the competent authority to file a compliant complaint before the appropriate court; the related FIR proceedings were quashed without barring fresh lawful action. Criminal breach of trust requires entrustment and dishonest misappropriation, while cheating requires dishonest inducement for delivery of property. Allegations concerning dabba trading lacked these ingredients, including proof of loss or wrongful gain, so proceedings for those offences were quashed while investigation of remaining offences continued.
Statutory requirement of a written complaint for offences under the Securities Contracts (Regulation) Act governs court cognizance, even where police may investigate a cognizable offence. A police report cannot support cognizance by the Sessions Court, although investigation material may be used by the competent authority to file a compliant complaint before the appropriate court; the related FIR proceedings were quashed without barring fresh lawful action. Criminal breach of trust requires entrustment and dishonest misappropriation, while cheating requires dishonest inducement for delivery of property. Allegations concerning dabba trading lacked these ingredients, including proof of loss or wrongful gain, so proceedings for those offences were quashed while investigation of remaining offences continued.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4798
Join Channel
TaxTMI 
