.... The resignation said to have been sent by him was accepted by the petitioner, President of the Panchayat. By Ext. P2 first respondent made a representation under Section 155(4) of the Kerala Panchayat...person who resigned himself but only by the President who is authorised to receive the resignation letter can refer the dispute. Section 155(4) of the Act reads as follows:“155…… (4) If..., it cannot be contended that Election Commission has no jurisdiction to deal with such a petition under Section 155(4) sent by the person who alleged to have sent the resignation letter...

...section 155(4) of the Income-tax Act, 1961?”2. The assessee is a private limited company carrying on the business of manufacturing and selling paints and colours. In the assessment...in these circumstances took action under section 155 of the Income-tax Act, 1961, on the ground that there was a mistake apparent from the record whi.... 25,221 and Rs. 3,243, respectively.5. The rectification order was challenged in appeal before the Appellate Assistant Commissioner, who held that section 155(4) was available and then...

...investigation made by the police officer under Section 156(1) Cr. P.C except under an order of a Magistrate within the purview of Section 155(2) Cr. P.C But where a case....4. It is not in dispute that the First Information Report can be quashed if the allegations made in the F.I.R do not disclose the commission of a cognizable offence justifying the...

...officer to apply and obtain sanction under Section 155(2) Cr.P.C. and what would be the legal position, if it is granted at the instance of the investigating officer. 4. Section...case for trial. It is also not permissible to the police officer to apply for getting sanction under Section 155(2) Cr.P.C. It is the domain of the “informant” who had approached the Police with a complaint, to decide whether he sho...incorporated anywhere in Section 155 Cr.P.C. The non-incorporation of the word “complaint” or “complainant” in Section 155 Cr.P.C. is so conspicuous that the legislature never had the intention either to authorise ...

...considered the effect of Section 155(4) of the Criminal Procedure Code and thereafter held that the bar under Section 198 would not be applicable as a complaint lodged before the police for an...cognizable offences by virtue of Section 155(4) of the Criminal Procedure Code.49. Section 155(4) of the Code inter alia provides that:...) of Section 155 and that is the intention of the legislation which is manifested in Section 155(4) of the Code of Criminal Procedure.52. Therefore, the argument that the...

...1. Are the provisions of clause (b) of sub-section (4) of section 155 of the Companies Act, 1956...Company Appeal under section 155(4) of the Act has been preferred. The appellant raised the controversy that this appeal must be heard by a Bench consisting of three or more Judges, and to resolve the...Bench, after observing about some obscurity of draftsmanship in the provision of sub-section (4) of section 155 of the Act and the consequent confusion arising therefrom, has directed the matter to be...

..., the impact of Sub-section 2 of Section 155 of the Cr.P.C. ought to have been considered for the purpose of investigation into the non-cognizable offences, without an order of a Magistrate. But Section ...not cognizable. Hence, the exception has been carved out under Section 155(4) of the Cr.P.C. which will be applicable herein because expect for the offence under Section...the provisions contained under Section 155(4) of the Cr.P.C. Apart from it, the Government Advocate has argued that if the definition of "complaint" as given under...

...police under Section 173(2) Code of Criminal Procedure (CrPC) while investigating both a cognizable offence and a non-cognizable offence under Section 155(4) CrPC even after...jurisdiction. It is also the submission of the learned counsel that Section 155(4) CrPC undoubtedly permits the police to proceed with the investigation if the case relates to two or more offences in which at...a non-cognizable offence like Section 500 IPC has been investigated by the police together with a cognizable offence, which is permissible under Section 155(4) CrPC, the prosecution of the petitioner...

...section 173(2) Code of Criminal Procedure (Cr. PC) while investigating both a cognizable offence and a non-cognizable offence under section 155(4), Cr. PC even after the accused is discha...filed by an aggrieved person is wholly illegal and without Jurisdiction. It is also the submission of the learned counsel that section 155(4), Cr. PC undoubtedly permits the police to proceed with the...permissible under section 155(4), Cr. PC, the prosecution of the petitioner on the basis of the charge sheet filed by the police cannot be faulted with and cannot be hit by section...

...appeal ought to have been formulated earlier because of the requirements of section 155(4) of the Companies Act, read with section 100 of the Code of Civil Procedure. He...justify the application for amendment was that by reason of the provisions contained in section 155(4) of the Companies Act, read with section 100 of the Code of Civil Procedure..., an appeal may be incompetent if substantial questions of law were not formulated by the appellants at the time of filing the appeal. We do not think that the language of section 155(4) of...

...and in case cognizable offence is made out, necessary steps be taken taking into consideration the provisions of Section 155 (4) Cr.P.C while considering whether cognizance...M.M.S BEDI, J. (ORAL)Petitioner is wife of respondent No. 4. Through instant petition under Section 482 Cr.P.C she seeks a direction to...simple in nature with blunt weapon attracting offence under Section 323 IPC as such no FIR was registered, offence being not cognizable qua respondents No. 4 to 8 as such security proceedings have been...

...issued notice dated 24.01.2017 to respondent no.2 in exercise of powers under section 155(4) of the Gujarat Municipalities Act. Similar such further notice is also issued to...section 155(4) of the Gujarat Municipalities Act. Such notice having been issued, there is no need for apprehension for the petitioner that the respondent- authorities are...notice in exercise of powers under section 155 of the Gujarat Municipalities Act, they are not taking any further steps. 3. From the series of events from...

...Section 155(4) of Cr.P.C. which provides that where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be cognizable notwithstanding..., 182 420, 467, 468 and 471 IPC on the material available on record. From the perusal of Section 239 Cr.P.C. it reveals that if Magistrate...provision enshrined in Section 240 Cr.P.C., learned Magistrate though did not give reasons but stated that from the material available on record, there is sufficient ground for...

...refer to the provisions of Section 155(4) Cr.P.C, which enables an investigating agency to take cognizance of non-cognizable offence in a case which involves different offences....Section 155(4) Cr.P.C, reads as follows:-“155. Information as to non-cognizable cases and investigation of such cases.-(1) xxxx xxxx xxxx...as well as the offence of bigamy and present the challan to be tried in accordance with the procedure of law. The provisions of Section 155(4) Cr.P.C, seem to have not been...

...1. This writ petition has been moved for challenging the Demand Notice dated March 27, 1989 issued by the Chairman, Bhadreswar Municipality under provision of section 155(4) of the Bengal...

...terms of sub-section 1 of section 155 of the Act takes effect from the receipt of the resignation by the secretary of the panchayat either in person in terras of that sub-section or by th...to the Secretary of the Panchayat, to be forwarded to the State Election Commission for decision in terms of Section 155(3) of the Kerala Panchay at Raj Act, 1994, for short, the “Act”, as a dispute....3. Sub-section 3 of section 155 provides that if any dispute regarding any resignation arises, it shall be referred to the state Election commission for decision and its decision thereon shall be...

...……”“156. If any person, does not, within thirty days of the service of a notice of demand under sub-section (4) of Sec. 155, pay the sum due, either to the Commissioners...and the notice and the bills should have been personally served. We have noted the relevant provisions. Section 155 provides that the bill shall be presented to the owner. No mode of presentation of bill has been indicated in this c...Section 510 the owner can be served by sending notice by registered post and such service would be in due compliance with the requirements of Section 155(4) of the Act. We are unable to accept this...

...such non-cognizable case or commit the same for trial within the terms under Section 155(2) of the Code but subject to Section 155(3) of the Code. Further, unde...while investigating a cognizable offence.”3. It may be noticed that the aforesaid pas sage itself refers to section 155(4) of the Cr.P.C which clearly provides that if one of the...investiga tion by the investigating officer was unautho rized as it was a non-cognizable case and in view of section 155(2) Cr.P.C the investiga tion could not have been...

...-cognizable one and consequently, no investigation could have proceeded without previous order of a Magistrate, as contemplated by section 155(2), Criminal Procedure Code.4. In spite of the...section 323, Indian Penal Code. This is because, sub-clause (4) to section 155, Criminal Procedure Code ...the provisions of section 155(4), Criminal Procedure Code, the case became a cognizable case and once it became a cognizable case, no permission to investigate in respect of...