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october 2001

Supreme Court of India · 2001-10-17

Commissioner Of Income Tax, Mumbai ... vs Versus

Court
Supreme Court of India
Petitioner
Commissioner Of Income Tax, Mumbai ...
Respondent
Versus
Bench
M.B.Shah, R.P.Sethi

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the appellant's complaint under Sections 465, 467, 468, 471, and 120B of the Indian Penal Code was erroneous, as it disregarded established legal principles regarding the issuance of process by a Magistrate. The Court emphasized that the High Court should not have exercised its powers under Section 482 of the Code of Criminal Procedure to dismiss the complaint without proper examination of the evidence. The Court directed the Magistrate to proceed with the complaint in accordance with law, thereby allowing the appeal.

Commissioner Of Income Tax, Mumbai ... vs Versus · Niyam