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TMI Blog1940 (6) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... peal from the order of Monroe, J., ordering the prosecution of K.S. Saadat Ali Khan and Mohammad Tahir under sections 192, 193, 465, 471 and 477, Indian Penal Code. Raj Bahadur Jowala Parshad appears for Mohammad Tahir and Khwaja Feroze-ud-Din appears for Khan Sahib Saadat Ali Khan. It appears that the Kanwal Movietone Co., Ltd., was ordered to be would up by the Court. In proceedings under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t only with 'shareholders' and not with 'their firms'. There was other evidence also and other evidence the learned Company Judge thought fit to act under section 476, Criminal Procedure Code. In the grounds of appeal it is alleged that the learned Company Judge was not a Court within the meaning of section 476. In our opinion there is no force in this ground and Counsel on behalf of Mohammad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roper construction of this section makes an enquiry essential in law and that the proceeding under section 476 without such enquiry would be illegal. In our opinion any such decision would be impossible in view of the clear wording of the section itself. We therefore find there is no force in this argument. Further, we do say in this case that we agree with the learned Company Judge that the mater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that K.S. Saadat Ali Khan on the face of it obtained no benefit by this alteration. We therefore allow the prayer of his Counsel and give an opportunity to K.S, Saadat Ali Khan to appear before this Court on Monday July 1, 1940, at 10 o'clock in the morning. His appeal is kept pending meanwhile. The proceedings against K.S. Saadat Ali Khan will in the meantime be stayed. - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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