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1941 (11) TMI 16

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..... Crown. ORDER A sabha of the Sourashtra community was registered as a society. In contravention of the provisions of section 86( d ) of the Companies Act, the directors sanctioned a loan to the 2nd accused who was a director for a period of one year. Before that year had terminated, the present complainant, who is one of the directors, moved his fellow directors to cancel the earlier resolu .....

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..... The complainant approached the Sessions Judge, who has referred the matter to this Court, expressing the opinion that the 2nd accused was guilty of abetting the offence by receiving the loan himself. The complainant has also filed a revision petition in this Court against the acquittal of the 1st accused, who is said to have been a party to the first resolution. It appears that the Registrar o .....

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..... and that they should take steps to end it. However, I do not think that it is necessary to intervene in this matter at the instance of a private party and to punish the various accused for something that was done in 1939, especially as the loan has been repaid and no fresh breach under this section seems to have been committed. It is contended that the City Magistrate acted illegally in acquitt .....

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