..., after 12th December, 1952, was that the Chairman of the Howrah Municipality himself was the only person compent to exercise the powers of Commissioners under Section 537 of the Calcutta Municipal Act....If, therefore, the proceedings unless instituted by the Commissioners in accordance with Section 537 of the Calcutta Municipal Act cannot form the legal basis...that the question of the true import and effect of the provisions of Section 537 of the Calcutta Municipal Act, 1923 was a question of general public importance which should be settled by this Court...

...Section 537(1) of the Companies Act, 1956 (in short the Act) as in Company Petition No. 7/1981 filed by respondent-4 for the compulsory winding up of the third respondent-Company a winding up...for the purpose of Section 537(1) of the Act the winding up of the Company by the Court was deemed to have commenced at the time of presentation of the Petition for winding up. In the circumstances..., the sale effected without leave of this Court after the commencement of the winding up proceedings was void under Section 537(1) of the Act. The facts relating to the presentation of the winding up...

...direction that the appellant-Corporation may initiate acquisition proceedings for the Property under Section 536 or 537 of the Act, within five months, or in the alternative, restore the name of the last...that the single and division benches of the High Court erred in concluding that Section 537 of the Act is the only provision for acquisition. Relying on...only in Section 537 of the Act and that invocation of Section 352 read with Section 363 is illegal and violative of Article 300A of the Constitution. In support of their submissions, they relied on the...

...favour of the appellant was saved under sub-section (1) of Section 537 of the Companies Act;(iv) in any event, the dues of the appellant shall get...precedence in terms of sub-section (2) of Section 537 of the Companies Act.7. The Official Liquidator, on the other hand, contended that no charge is created by..., dues of a government company would not become the dues of the Government within the meaning of sub-section (2) of Section 537 of the Companies Act.9. Ordinarily a charge...

...prisoners on the charge in respect of the offence referred to. We are unable to agree with the view there taken by the learned Judges as to the construction of section 537, Criminal...Procedure Code of 1882, which so far as the question of want of sanction is concerned is identical with section 537 of the present Code (Act V of 1898). Their construction...sanction has occasioned a failure of justice. No doubt section 537 begins with the words “subject to the provisions hereinbefore contained,” etc., but those words must he taken together with what follows and...

...and has to be set aside irrespective of the provisions o Section 537, Cr. P. C. The present revision has been directed against the order of a Magistrate of 1st Class of...provisions of Section 537 of the Code of Criminal Procedure (as amended by the Criminal procedure Code (Amendment) Act XXVI of 1955). On behalf of the applicants...irrespective of the provisions of Section 537, Cr. P. C. The first case was of Sewak v. Emperor 1928-26 All LJ 623...

...conducted substantially in the manner prescribed by the Code, but some irregularity occurs in the course of such conduct, the irregularity can be cured under Section 537, and nonetheless so because the...case) that the recent amendment to Section 537 in the Code of Criminal Procedure (Amendment) Act 26 of 1955, where misjoinder of charges has been placed in the curable category, will set at rest the...and purpose of Section 537(a) which covers every proceeding taken with jurisdiction in the general phrase “or other proceedings under this Code”. It is for the Court in all these cases to determine...

...of Section 537 upon defects in the order passed under Section 145(1). Section 537, Criminal P.C., lays down that a Court of appeal or a Court of revision shall not reverse...proceedings before or during the trial or in any inquiry or other proceedings under the Code, etc. 9. Section 537 would cure all defects provided the Court which passed the order was one...further to record the grounds on which he was so satisfied, is an "illegality" which cannot be cured by Section 537, Criminal P.C. which deals only with irregularities and not...

...pro- visions of section 537, Criminal Procedure Code. As the objection raised concerned the validity of the trial the case was certified as a fit one for appeal to this Court. The facts which concern... cured by the provisions of section 537 of the Code. In order to judge of the validity of this objection it is necessary to set out the provisions of the Code relevant to this... 326 and 327 enact the method and manner of summoning assessors and jurors. Section 537 provides as follows:- "Subject...

...Section 537 of the Companies Act from this Court. The stay application is wrongly placed in Company Application No.39/2011 and office is...of the application now prefer by the P.F. Commissioner under Section 537(1) of the Act of 1956. The company application No.39/2011 stands disposed of. List the...application under Section 537(1) alongwith company petition No.19/2009 on 03.08.2017. (SANJEEV PRAKASH SHARMA)J. M.Meena/28-31 ...

...irregularity which could be cured by the provisions of section 537. He felt himself bound, however, by the decision in Hiralal Ghose v...non-compliance with the strict provisions of Section 360, Criminal P. C, only amounts to an irregularity and is cured by section 537 of the code. The case relied on by the...and which has been brought to my notice by the learned Assistant Government Advocate. He refers to the explanation to Section 537 and points out that any objection to error, omission or irregularity...

...from his judgment, that under section 537 of the code the irregularity committed by the Assistant Magistrate was not fatal to the conviction, unless it had occasioned a failure of justice, or...that under section 537 of the code he ought to do> so, and after full consideration of the facts has held that the Assistant Magistrate was right in convicting the accused persons with, however..., the conviction was altogether bad, and should therefore be set aside, and that section 537 of the code does not cure the illegal act committed by the Assistant Magistrate; and he has relied in support...

...only an irregularity curable under Section 537 of the Cr PC.2. There has been a consensus of judicial opinion on this question referred ever since the decision of the Privy Council in...Magistrate in a warrant case was mere irregularity and did not vitiate the trial and was curable by the provisions of Section 537 of the Cr PC if it did not occasion any failure of justice..., of the opinion that this irregularity does not vitiate the proceedings and is curable by the provisions of Section 537 as no prejudice to the accused has been established in the case...

...provisions of the Act and the search was made in respect of those offences. The trial having taken place the question of the applicability of Section 537 of the Criminal Procedure Code will at once arise...trial. In doing so, the High Court ignored the provisions of Section 537 of the Code of Criminal Procedure. Having carefully gone through the record for the reasons aforesaid, we are satisfied that...no such prejudice has been caused to the accused. He had a fair trial and had his full say.”8. It is abundantly clear that Section 537 Cr PC would be applicable...

...antecedent to the trial. To such a situation section 537 of the Code of Criminal Procedure which is in the following terms is attracted: "Subject to the provisions herein before...thereby, by appropriate orders, at that stage but to leave him to the ultimate remedy of waiting till the conclusion of the trial and of discharging the somewhat difficult burden under section 537 of the...and the accused had to make out that there was in fact a failure of justice as the result of such an error, explanation to section 537 of the Code of Criminal Procedure indicates that the fact of the...

...in the sanction is one which is cured by section 537 of the Code of Criminal Procedure. That section lays down that, subject to the provisions hereinbefore contained, no...objection could and should, have been raised at an earlier stage of the proceeding. As has frequently been remarked in many cases, section 537 is not perhaps happily worded. But to my mind one thing is clear...and that is that section 537 was clearly never intended to allow a Magistrate, to override the clear provisions of the Code. The section was intended to prevent a mere technicality from interfering...

...the section is one which is cured by Section 537 of the Code of Criminal Procedure. That section lays down that subject to the provisions hereinbefore contained no order...could and should have been raised at an earlier stage of the proceeding, As has frequently been remarked in many cases, Section 537 is not perhaps happily worded. But to my mind one thing is clear..., and that is that Section 537 was clearly never intended to allow a Magistrate to override the clear provisions of the Code. The section was intended to prevent a mere technicality from interfering with...

...the light of the prejudice caused to the accused by reason of its breach, for Section 537 of the Code of Criminal Procedure provides, amongst other things that subject to the provisions contained in the...occasioned a failure of justice. By the explanation to Section 537 it is provided that in determining whether any error, omission or irregularity in any proceeding under this Code has occasioned a failure...conducted substantially in the manner prescribed by the Code, but some irregularity occurs in the course of such conduct, the irregularity can be cured under Section 537, and nonetheless so because...

...by section 537 of the Code of Criminal Procedure and that I ought not to interfere with the learned. Magistrate's order unless I am satisfied that the irregularity has...occasioned a failure of justice. It is to be noted that the provisions of section 537 of the Code are applicable merely to errors of procedure arising out of mere inadvertence and...not to substantive errors of law. Section 537 has no application to cases where there has been a disregard of the mandatory provisions of the Code.For the reasons given above I accept...