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    <title>1955 (11) TMI 41 - Supreme Court</title>
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    <description>An authority exercising summary powers over nomination papers under section 36 of the Representation of the People Act, 1951 is judicial in character but not a Court for the purposes of section 195(1)(b) and section 476-B of the Code of Criminal Procedure, because it lacks the essential incidents of a judicial trial, including a lis, evidence-taking, witness summons, and compulsory production of documents. On that basis, offences under section 193 IPC were not treated as offences committed in a Court proceeding, so the appeal against the complaint order was incompetent. The order was not without jurisdiction, however, because the complaint remained competent in relation to offences covered by section 195(1)(a), and the inclusion of section 193 did not invalidate it.</description>
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    <pubDate>Tue, 22 Nov 1955 00:00:00 +0530</pubDate>
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      <title>1955 (11) TMI 41 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=199755</link>
      <description>An authority exercising summary powers over nomination papers under section 36 of the Representation of the People Act, 1951 is judicial in character but not a Court for the purposes of section 195(1)(b) and section 476-B of the Code of Criminal Procedure, because it lacks the essential incidents of a judicial trial, including a lis, evidence-taking, witness summons, and compulsory production of documents. On that basis, offences under section 193 IPC were not treated as offences committed in a Court proceeding, so the appeal against the complaint order was incompetent. The order was not without jurisdiction, however, because the complaint remained competent in relation to offences covered by section 195(1)(a), and the inclusion of section 193 did not invalidate it.</description>
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      <pubDate>Tue, 22 Nov 1955 00:00:00 +0530</pubDate>
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