1992 (12) TMI 198

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....ENT B.J. Shethna, J. - This petition is filed by the petitioner as a special criminal application. Though it is not stated that it is filed under article 227 of the Constitution of India, it goes without saying that the petition could only under article 227 of the Constitution of India. In this petition the petitioner has prayed that the order passed by the learned Chief Judicial Magistrate, Va....

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...., exhibit 40, in Criminal Case No. 1327 of 1989, is confirmed by the learned Additional Sessions Judge, Vadodara, in Criminal Revision Application No. 115 of 1992. Therefore, in my view, this petition which is titled as a special criminal application would not be maintainable in the eye of law. That apart, the request made in this petition as well as before the Sessions Court in the revision ap....

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....s. 163 and submitted that this court has held that the civil as well as criminal proceedings should be stayed where the provisions of section 391(6) of the Companies Act are attracted. First of all, the aforesaid judgment will not be applicable in the facts of this case. The petitioner is not a director but he is a manager. In the aforesaid case, this court was dealing with the case of the dire....

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.... Procedure, provides that it is the duty of the High Court to exercise superintendence over Courts of Judicial Magistrates and every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is expeditious and proper disposal of cases by such Magistrates. The learned Magistrate as well as the learned Sessions Judge in the rev....