SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2001 Supreme(Mad) 900

MALAI SUBRAMANIAN
B. Shambu Kumar – Appellant
Versus
Raghavendra Steels Ltd. , Chennai represented by its Chief Accountant, Shankar – Respondent


Advocates:
Muralidharan, for Petitioner.
S.Venkatesan, for Respondent.

ORDER: The petitioner is one of the accused in the case. His application for discharge was rejected. Hence, this revision has been filed.

2. The main contention raised by the learned counsel for the petitioner is that though the date of the cheque was only 31.12.1998, the petitioner retired from partnership even earlier to that, In support of his contention, he presented a Gazette notification which says that “B.Shambu Kumar retired from the partnership of Salem Steels Limited, with effect from 30.9.1998.”

3. Learned counsel appearing for the respondent submits that this Gazette notification has to be proved before the trial Court and then only the petitioner can get the benefit of the Gazette notification. In support of his contention, he relies on the ruling of the Andhra Pradesh High Court in Bharat Kumar Modi v. Pennar Peterson Securities Limited, 2000 Crl.L.C. 88, wherein it was held that Form No.32 produced by the accused and the other documents kept at the Registrar of Companies under the Act though admissible in evidence, ought to be proved in trial. Insofar as the Gazette notification is concerned, they are public documents and they can be taken judicial notice of at any tim



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top