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1964 (8) TMI 39 - SC - Companies LawWhether the order for public examination was void as offending article 20(3) of the Constitution which says that "No person accused of any offence shall be compelled to be a witness against himself."? Held that:- Section 45G of the Banking Companies Act did not offend clause (3) of article 20 of the Constitution and no order 4ot public examination under it could violate that clause as there could be no accusation in a proceeding under the section resulting in an order for public examination. For the purpose of action under section 545 ot the Companies Act and section 45J of the Banking Companies Act it is not essential that a public examination should first be held either under section 478 of the Companies Act or section 45G ofthe Banking Companies Act. Therefore, public examination under section 478 of the Companies Act and section 45G of the Banking Companies Act have no concern with proceedings under section 545 of the Companies Act and section 45J of the Banking Companies Act. A prayer for action under section 545 of the Companies Act and section 45 J of the Banking Companies Act cannot hence amount to accusation under article 20(3) for the purposes of orders for public examination under section 478 of the Companies Act or section-45G of the Banking Companies Act. Appeal allowed.
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