2018 (8) TMI 721

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.... Gautam Jain, Advocate with Mr. A.K. Sharma, Advocate for the petitioner Mr. H.M. Bhatia, Advocate for the respondents ORDER Hon'ble Sudhanshu Dhulia, J. ( Oral ) Learned counsel for the petitioner has moved a Review application along with a Delay Condonation application and has prayed that delay in filing the review application may be condoned. 2. Grounds mentioned in the affidavit appear to....

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....nd Psychotropic Substances Act, 1985, the Unlawful Activities (Prevention) Act, 1967 and the Prevention of Corruption Act, 1988. The petitioner, in any case, claimed benefit under the said Scheme and sought a declaration, which by an order of the Income Tax Authorities dated 24.10.2016 has been denied to the petitioner on ground that CBI has filed prosecution under the Prevention of Corruption Act....

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....of Prevention of Corruption Act. Admittedly Section 420 of IPC is an offence which comes under Chapter XVII of the IPC. The Scheme, of which the petitioner is seeking benefit, categorically stipulates that in case prosecution is going on against a person for any offence punishable under Chapter IX or Chapter XVII of the IPC, he is not liable to get benefit of the Scheme. Although the order dated....

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....y to file a review petition before the learned Single Judge by placing on record the circular dated 20.05.2016. Accordingly, Special Appeal is dismissed as withdrawn with liberty as above." 6. Now a review application has been filed by the applicant/petitioner for reviewing the order dated 02.05.2018 on ground that certain facts could not be brought before this Court at the relevant time, such ....