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    <title>1940 (2) TMI 9 - HIGH COURT OF CALCUTTA</title>
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    <description>Statutory investigation machinery under the Indian Companies Act, 1913 was held not to bar private prosecutions for offences under that Act, because no express exclusion of private prosecution could be implied from the scheme for reports, inspection and inquiry. By contrast, the Insurance Act sanction requirement was construed as mandatory for prosecutions falling within its specified offences, so those proceedings could not be instituted without the Advocate-General&#039;s prior sanction. Where the same facts potentially disclosed offences under both enactments, the prosecution could proceed only on the Companies Act basis unless the required sanction under the Insurance Act was obtained.</description>
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    <pubDate>Thu, 15 Feb 1940 00:00:00 +0530</pubDate>
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      <title>1940 (2) TMI 9 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=96809</link>
      <description>Statutory investigation machinery under the Indian Companies Act, 1913 was held not to bar private prosecutions for offences under that Act, because no express exclusion of private prosecution could be implied from the scheme for reports, inspection and inquiry. By contrast, the Insurance Act sanction requirement was construed as mandatory for prosecutions falling within its specified offences, so those proceedings could not be instituted without the Advocate-General&#039;s prior sanction. Where the same facts potentially disclosed offences under both enactments, the prosecution could proceed only on the Companies Act basis unless the required sanction under the Insurance Act was obtained.</description>
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      <pubDate>Thu, 15 Feb 1940 00:00:00 +0530</pubDate>
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