M/s Indorama India Pvt. Ltd. & another Vs. State of HP & others – Himachal Pradesh High Court
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Hon’ble High Court held that from the provisions of Section 145 of NI Act, especially sub-section (2) thereof, it is apparent that after filing of an affidavit by the complainant or his witness(es), on an application filed by the prosecution or the accused, any person giving evidence on affidavit, can be summoned and examined by the court, as to the facts contained therein. This provision further provides examination of a person which may include re-examination of a person, but it does not entitle complainant or any other person, who files an affidavit in examination-in-chief to re-file an affidavit of his statement in evidence. Such person, including the complainant, can be summoned and examined by the court on an application of either party, therefore, Section 145 of the NI Act does not provide or entitle the complainant or any party to file affidavit afresh during examination on summoning by the Court under sub section (2). Though Section 145(2) of the NI Act does not speak explicitly about re-examination of complainant or any other witnesses, but I am of the considered opinion that term summon and examine any person giving evidence in affidavit also includes power of the Court to summon and re-examine such witness/person.
Hon’ble High Court held that SARFAESI Act as well as RDB Act are Central Legislations whereas HPVAT is a State Legislation. SARFAESI Act and RDB Act declare priority of secured creditors upon secured assets over all revenues, taxes, cesses and other rates payable to Central Government or State Government or local authorities. Provisions of Section 31-B of RDB Act are also the same. Section 26 of HPVAT creates first charge on property of dealer or such other person from whom any amount of tax or penalty including interest is recoverable.
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