https://www.taxtmi.com/caselaws?id=96609 Section 145 CrPC confers a mandatory preventive jurisdiction on the Magistrate to act where a dispute is likely to cause a breach of peace and to determine actual possession. In the context of winding up, the bar in Section 171 of the Indian Companies Act was treated as aimed at protecting company assets from unnecessary litigation, but not as overriding that express jurisdiction. The magisterial proceedings were also not treated as proceedings against the company in the relevant sense, particularly where the liquidator had effectively invited police and judicial intervention. The objection based on Section 171 therefore failed, and prior leave of the Company Court was held unnecessary. en-us Wed, 01 Mar 1933 00:00:00 +0530 Mon, 09 Jan 2012 17:07:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96609 Section 145 CrPC confers a mandatory preventive jurisdiction on the Magistrate to act where a dispute is likely to cause a breach of peace and to determine actual possession. In the context of winding up, the bar in Section 171 of the Indian Companies Act was treated as aimed at protecting company assets from unnecessary litigation, but not as overriding that express jurisdiction. The magisterial proceedings were also not treated as proceedings against the company in the relevant sense, particularly where the liquidator had effectively invited police and judicial intervention. The objection based on Section 171 therefore failed, and prior leave of the Company Court was held unnecessary. Case-Laws Companies Law Wed, 01 Mar 1933 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96609