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K. BABU
Kanan Devan Hills Plantations Pvt. Ltd. – Appellant
Versus
Anthony Das, S/o. Sebastian – Respondent
ORDER :
K. Babu, J.
This batch of revision petitions invokes a common question of law. The challenge in these Crl.R.Ps is to the common order dated 04.07.2024 passed by the Additional Sessions Court—VII, Ernakulam in Crl.M.P. No.5426/2023 in S.C No.248/2021 and connected cases.
2. The revision petitioner is Kanan Devan Hills Plantations Company Private Limited (hereinafter referred to as 'the company'), a company incorporated under the Companies Act, 1956.
3. The company filed eight complaints alleging offence under Section 452 of the Companies Act, 2013 (for short 'the Act') under Section 190 of the Cr.P.C. before the Additional Sessions Court-VII, Ernakulam, the Special Court constituted as provided in Section 435 of the Act. In the complaint, essentially, the company alleged that the accused wrongfully obtained possession of the quarters allotted to them while serving in the company. The Special Court took cognizance of the offence and issued summons to the accused/the party respondents. They appeared in response to the summons. The Special Court proceeded with the trial. The company filed petitions under Section 452(2) of the Act seeking direction to the accused to deliver up the b
The Special Court retains jurisdiction to try offences under Section 452 of the Companies Act, 2013 for actions occurring before the 2020 amendment, which excluded such offences from its jurisdiction....
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The Special Court under the SC/ST Act can take cognizance of offences without prior commitment from a Magistrate and amendments have no retrospective effect unless expressly stated.
Offences punishable under Insolvency and Bankruptcy Code, 2016 having imprisonment of two years or more will have to be tried by a Special Court presided by a Sessions Judge or an Additional Sessions....
The Special Court under the SC/ST Act can try IPC offences, and bail applications are maintainable under Cr.P.C. when not charged under SC/ST Act.
The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
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