2024 (12) TMI 1758

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....stice M.I. Arun For the Petitioner : Sri K. Shashikiran Shetty, Senior Counsel For Sri A. Mahesh Chowdhary, Advocate. For the Respondent : Sri Ravi Raj Y.V. & Sri M. Dilip, Advocates. ORAL ORDER 1. Proceedings were initiated by the respondent against the petitioner and the premises of the Director of the petitioner herein was searched. On the ground that incriminating materials have be....

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....y. 3. The respondent initiated proceedings against the said Sunil Kumar Sharma and the present petitioner herein under Section 153C of the Act. The said Sunil Kumar Sharma challenged the same by way of W.P. No. 9939/2022 and connected matters. The learned Single Judge on the ground that proceedings ought to have been initiated under Section 153A of the Act and not Section 153C of the Act, allow....

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....s were issued on the same day and the search was conducted on the premises of the Directors of the petitioner company in their capacity as its Directors, as admitted by both the petitioner and respondent herein, this Court is bound by the decision of the Division Bench of this Court and also the Hon'ble Apex Court. For the said reason, the writ petition requires to be allowed as the petitioner....