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Companies Law - Highlights / Catch Notes

Home Highlights May 2023 Year 2023 This

Offence under Companies Act, 2013 - Jurisdiction - cognizance ...

Companies Law

May 5, 2023

Offence under Companies Act, 2013 - Jurisdiction - cognizance was taken by the Special Court and summons were issued - when the enacting part of the Section is clear, its scope cannot be cut down or enlarged by resort of non-obstante clause. Thus, it could safely be held that the provisions of Section 436 of the Companies Act will have over riding effect over the provisons of Code of Criminal Procedure, whenever an offence specified under the Companies Act is to be tried by Special Court. - HC

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