Supreme Court of India
Jik Industries Limited & Ors. v. Amarlal V. Jumani and Another
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9 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the basic mode and manner of effecting the compounding of an offence under Section 320 of the Code cannot be said to be not attracted in case of compounding of an offence under N.I. Act in view of Section 147 of the same.
Judgment, page 31
From the headnote
Code of Criminal Procedure, 1973: s.320- Compounding of offence - Whether sanction of a scheme u/s.391 of the Companies Act, 1956 amounts to compounding of an offence u/s. 138 read with s. 141 of the N. I. Act and whether such sanction has the effect of termination or dismissal of complaint proceedings under N. I. Act - Held: The effect of approval of a scheme of compromise and arrangement uls.391 of the Companies Act is that it binds the dissenting minority, the company as also the liquidator if the company is under winding up - scheme u/s.391 of the Companies Act does not have the effect of
Authorities it was built on
- 1970 H. H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur & Ors. v. Union of India
- 2009 Central Bank of India v. State of Kerala and Ors.
- 2008 Nikhil Merchant v. Central Bureau of Investigation & Anr
- 2010 Damodar S. Prabhu v. Sayed Babalal H.
- 2006 Icici Bank Ltd. v. Sidco Leathers Ltd. and Ors.
- 1996 Central Bureau of Investigation, Spe, Siu (x), New Delhi v. Duncans Agro Industries Ltd. Calcutta
- 2008 Shivanand Gaurishankar Baswanti v. Laxmi Vishnu Textile Mills & Ors.
- 1979 S. K. Gupta & Anr. v. K. P. Jain & Anr.
- 2007 Vinay Devanna Nayak v. Ryot Seva Sahakari Bank Ltd.
- 2010 M/s. Mandvi Co-op Bank Ltd. v. Nimesh B. Thakore
- 2011 Kaushalya Devi Massand v. Roopkishore Khore
- 2003 Hira Lal Hari Lal Bhagwati. v. C.B.I., New Delhi
- 2003 Hindustan Lever and Anr. v. State of Maharashtra and Anr.
- 1981 Khatri & Ors. Etc. v. State of Bihar & Ors.
- 2005 Administrator of the Specified Undertaking of the Unit Trust of India v. Garware Polyster Ltd.
- 2008 R. Rajeshwari v. H.N. Jagadish.
Where later benches applied it
- 2023 Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd.
- 2021 P. Mohanraj & Ors. v. M/s. Shah Brothers Ispat Pvt. Ltd.
- 2024 A.S. Pharma Pvt. Ltd. v. Nayati Medical Pvt. Ltd. & Ors.
- 2024 Raj Reddy Kallem v. The State of Haryana & Anr.
- 2021 Prakash Gupta v. Securities and Exchange Board of India
- 2013 M/s. Integrated Finance Co. Ltd. v. Reserve Bank of India Etc. Etc.
- 2025 Assistant Commissioner of Income Tax (international Taxation) & Others v. Shelf Drilling Ron Tappmeyer Ltd. Etc.
- 2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v..
- 2017 M/s. Meters and Instruments Private Limited & Anr. v. Kanchan Mehta
Of those, 2 relied on · 4 referred to · 3 mentioned
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