1931 (1) TMI 16

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..... are applications under section 109 ( c ) and O.XLV, r. 2 of the Civil Procedure Code for leave to appeal to His Majesty in Council from an order under section 237 of the Indian Companies Act directing the Official Liquidators to prosecute the applicants. A preliminary objection is taken that these applications do not lie as no appeal is given by the Indian Companies Act from such an order. It is .....

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..... that this is a case which can be certified as a fit case for appeal under section 109( c ) if that section applies. The Court held that the balance sheet was prima facie a false one. This is a matter not of law but of fact. Moreover, this is not a final order as the question whether the offence for which the prosecution is ordered was really committed will be decided by the Magistrate. For the .....

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