Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
Cognizance of offences under Companies Act ss. 448 and 451 on a private complaint was held impermissible because s. 448 is an offence "covered under" s. 447, attracting the second proviso to s. 212(6), which mandates that cognizance can be taken only on a written complaint by the SFIO Director or a duly authorised Central Government officer; consequently, cognizance of "repeated default" under s. 451 also failed, and proceedings under ss. 448 and 451 were quashed. Quashing of Companies Act offences did not warrant quashing IPC offences because s. 436(2) permits the Special Court to try IPC offences only while trying Companies Act offences; hence the IPC complaint was to be transferred to the competent territorial court for trial. - SC
Cognizance of offences under Companies Act ss. 448 and 451 on a private complaint was held impermissible because s. 448 is an offence "covered under" s. 447, attracting the second proviso to s. 212(6), which mandates that cognizance can be taken only on a written complaint by the SFIO Director or a duly authorised Central Government officer; consequently, cognizance of "repeated default" under s. 451 also failed, and proceedings under ss. 448 and 451 were quashed. Quashing of Companies Act offences did not warrant quashing IPC offences because s. 436(2) permits the Special Court to try IPC offences only while trying Companies Act offences; hence the IPC complaint was to be transferred to the competent territorial court for trial. - SC
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