...justified in law in coming to the conclusion that penalty has been levied against a wrong person and hence, not sustainable in the eyes of law even when penalty who has committed default under section 203 read with ...case, the hon'ble Tribunal was justified in law in holding that the person as used in section 203 of the Income-tax Act...provisions of section 203 speak of a person deducting tax in accordance with the provisions of section 194C?3. Whether, on the facts and in the circumstances of the case, t...

...inquiry under Section 202 of the Code of Criminal Procedure and dismissed the complaint under Section 203 of the Code of Criminal Procedure. As against the order of dismissal the...S.N Variava, J.— Leave granted.2. This appeal is against an order dated 10-11-1999 by which, in an application under Section 482 of the Code of...Respondents 2 to 10 to face trial under Sections 419, 420, 467 and 120-B of the Indian Penal Code.5. Respondents 2 to 10 then filed a petition under Section 482 of the Code of...

...therein to move the trial court against the order of summoning. Pursuant to the said order of the High Court the appellant herein filed an application purported to be under Section 203 CrPC on 10-3-1993 and the lea...under Section 203 if he comes to the conclusion that the complaint, the statement of the complainant and the witnesses have not made out sufficient ground for proceeding. Per contra, if he is...contemplated under Section 203 of the Code.14. But after taking cognizance of the complaint and examining the complainant and the witnesses if he is satisfied that there is...

..., starting from February 21, 1966 to November 23, 1968, that is, for a period of more than two years. Ultimately, on November 23, 1968 the complaint was dismissed under Section 203 of the Criminal...contended that the Magistrate had no jurisdiction to recall the order dated November 23, 1968 by which he had dismissed the complaint under Section 203 of the Code of Criminal Procedure. In fact, there was...Section 95 of the Indian Penal Code for which no criminal proceedings could be taken. There were proceedings under Section 107 between the parties and both parties applied for copies of these...

...as prescribed under Section 203 of the Code, the High Court allowed the petition of the respondents and set aside the order of the court by which cognizance of offence under Section 395 ...Penal Code was taken. The case has been remanded back to the learned Magistrate to hold inquiry as per the provisions of Section 203(2) of the Code with direction that if he finds that a case under...the provisions of Section 203 of the Code and after setting aside the impugned order directing the Judicial Magistrate to hold inquiry as per Section 203(2) of the Code before deciding th...

...by “sufficient reasons”. On these grounds, the Chief Presidency Magistrate, after holding that there were “really no sufficient grounds to proceed further”, dismissed the complaint under Section 203 of the...under Section 203 of the Criminal Procedure Code was improper. The High Court held that the order contained a premature verdict on the merits of the case. Furthermore, the High Court pointed out that the...of dismissal under Section 203 of the Criminal Procedure Code and sent back the case for further enquiry in accordance with law.6. The accused have come up to this Court...

...determining whether “there is sufficient ground for proceeding”. Section 203 of the Code empowers him to dismiss a complaint after holding such inquiry if he is of the opinion that “there is no...sufficient ground for proceeding”. In that event he has to record the reasons as to why he held that there is no sufficient ground for proceeding, though he need not write an elaborate order. Section 203 of the...under Section 203 of the Code. This is what the learned Judges said on that score:“The complainant is entitled to know why his complaint has been dismissed with a view...

.... An order of dismissal under Section 203 of the Criminal Procedure Code, is, however, no bar to the entertainment of a second complaint on the same facts but it will be entertained only in...Naicker AIR 1946 Mad 167 where it was held that the fact that a previous complaint had been dismissed under Section 203 of the...complaint on the same allegations when a previous complaint had been dismissed under Section 203 of the Code of Criminal Procedure. I also accept the view that as a rule of necessary caution and ...

...hearing by the Revisional Court in a revision preferred by the complainant challenging an order of the Magistrate dismissing the complaint under Section 203 of the Criminal Procedure Code, 1973 (for...revision against an order by which a complaint has been dismissed by the Magistrate under Section 203 of the Code. She relied upon Gurdeep...officer. The dismissal of the complaint under Section 203 is without doubt a pre-issuance of process stage. The Code does not permit an accused person to intervene in the course of inquiry by the...

...complaint does not disclose any offence to take further action, he is empowered to dismiss the complaint under Section 203 of the Code. In case he finds that the complaint/evidence recorded prima facie...institution proceedings against one, Dr S.K Kacker, former Director of the All India Institute of Medical Sciences for the alleged cognizable offence punishable under Section 409, Indian Penal Code. The...respect of cognizable offence, Chapter XII of the Code prescribes the procedure: information to the police and their powers to investigate the cognizable offence. Sub-section (1) of Section 154 envisages...

...process is issued in this case.”Accordingly, he dismissed the complaint under Section 203 of the Criminal Procedure Code...such an exception can be held to be established from the mere report of the police. That, in our view, is contrary to the provisions of Section 105 of the Indian Evidence Act which are mandatory provisions. There i...which it was proper for the learned Magistrate to dismiss the complaint under Section 203, there being no evidence before the learned Magistrate as and by way of proof to establish the exception of the...

...Panchayat without following the procedures laid down under Section 203(4)(b) of the Gujarat Panchayats Act, 1961 (for short 'the Act'), can be treated as a member of the...view that a person who has not been appointed in the Panchayat service following the provisions of Section 203 of the Act, cannot be treated as a Panchayat employee so as to claim the pensionary.... Admittedly, he was not appointed following the procedure laid down under Section 203 of the Act. On the death of Vela Keshav, his widow submitted an application for retiral benefits and family...

...complaint was made on 17-3-1954 and was dismissed under Section 203 of the Code of Criminal Procedure by the then Chief Presidency Magistrate, Shri N.C Chakravarti, on 6-8-1954. Thereafter, an application in...when the first complaint containing more or less the same allegations was dismissed under Section 203 of the Code of Criminal Procedure by the Chief Presidency Magistrate, it was not at all open to...his successor to entertain the second complaint. He has put the matter as one of law and has argued that the only way of getting rid of an order of dismissal under Section 203 of the Code...

... 203 of Rajasthan Municipalites Act, 1959 (hereinafter referred to as the Act) was made out against the petitioners but had erred in holding that charge under Section 353 of...ordering the Trial Court to frame charge against the petitioners under Section 203 of the Act also. Learned counsel for the respondent No.2 has opposed the petition and has submitted that charges were...liable to be framed against the petitioners under Section 353 of Indian Penal Code, 1860 and Section 203 of the Act. As per the prosecution story, Abdul Rashid had raised illegal...

...finds that the complaint does not disclose any offence to take further action, he is empowered to dismiss the complaint under Section 203 of the Code. In case he finds that the complaint/evidence...and their powers to investigate”. Section 154 reads as follows:“154. Information in cognizable cases.—(1) Every information relating to the commission of a cognizable...Government may prescribe in this behalf.(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the...

.... 84/2004, whereby the learned Third Additional Sessions Judge while exercising the Revisional Court against the order of dismissal of the complaint under Section 203 of the Code .... 2. The order is challenged on the ground that after dismissal of the revision under Section 203 of the Code, the Revisional Court is not competent to pass any...inquiry into any complaint which has been dismissed under Section 203 of Sub-section (4) of Section 204 or into the case of any person accused of an of...

...Act. Consequently, proceedings under Section 203 of the Act was also initiated. Petitioner submitted his explanation. The First Respondent passed the impugned order withdrawing the cheque...of power under Section 203 of the Tamil Nadu Panchayats Act, 1994, which reads as follows:“203...Section 203 of the Tamil Nadu Panchayats Act. In this case, five charges were levelled against the Petitioner for which he has...

...this petitioner in the said Court and thereby dismissing the complaint under section 203 of the Cr. P.C2. After hearing the learned Advocate for the petitioner, I am of the opinion that...without complying with the provision of section 203 of Cr. P.C, the learned Magistrate dismissed the complaint. Moreover, the learned Magistrate did not consider that in...section 203 of Cr. P.C I find that the impugned order is bad in law as the learned Magistrate, after taking cognizance, did not examine the complainant and her witnesses under...

...1. Section 203 of the Code of Criminal Procedure refers to the procedure of a Magistrate who has taken cognizance of a case, ...case, the complaint was preferred, purported to dismiss the complaint; under Section 203 of the Code of Criminal Procedure. In substance what he did was to refuse to take...alleged offence and after adjudicating upon the case, made an order under Section 203 of the Code of Criminal Procedure. 3. These cases are clearly...

...provisions of Section 203 CrPC in dismissing the complaint without recording any reason for doing so. The High Court granted the certificate on all the grounds except the first. It has been held by this...complainant and the statements made before him by persons examined at the instance of the complainant.9. This brings us to the third ground. Section 203 of the Code of Crimi...other witnesses” the learned judges had apparently in mind the statements of persons examined by the police during investigation under Section 202. It is permissible under Section 203 of the Code to...