1944 (1) TMI 12

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..... etter of complaint, dated 23rd January 1943, from the Registrar of Joint Stock Companies, Bengal, asking for the prosecution of the Eastern National Bank Limited, which is said to be a limited Banking Company registered under the Companies Act with its head office in Bengal, and of the local manager of its branch at Daltonganj in the District of Palamau, for contravention of the provisions of sub- .....

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..... k it is necessary to consider this point. The ordinary rule is that when a Magistrate takes cognisance of an offence he takes cognisance of the case as a whole, and is empowered to summon all persons against whom there appears to be any reason for their prosecution, even though their names are not mentioned for this purpose in the petition of complaint. It may be that special considerations arise .....

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..... Company. There is nothing in the order of the District Magistrate or in the summons to show that Mr. Roy Chowdhury was summoned as representing the company, or that any proceedings were being taken against the company as such. I think the procedure followed is clearly incorrect. Sub-section (4) of Section 136 provides for a penalty against the company. The company is a legal entity (Section 23, C .....

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