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SHIO RAJ SINGH TALAN versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Shio Raj Singh Talan v. State Of U.P. And Another - WRIT - A No. 129 of 2006 [2006] RD-AH 9066 (5 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have examined the impugned order of the Tribunal dated 30.11.2005, which mentions that the case of the respondent of this appeal, i.e., Tiger Steels Tubes Pvt. Ltd. throughout, has been that the fake invoices, which were used by Ambika Steels for the benefit of Ambika Steels, were never issued by the Tiger Steels. It does not appear that the Tiger Steels got any benefit from these invoices.

It is also obvious that Ambika Steels prepared fake invoices in the name of Tiger Steels, the latter cannot be punished unless there was some evidence to link Tiger Steels with the preparation or uses of the fake invoices. There is no such evidence on record.

In the circumstances, we do not find any question of law arising from the impugned order of the Tribunal, which is based on a pure question of fact that there is no evidence to link Tiger Steels with the fake invoices.

Appeal is dismissed as above.

5.5.2006

VKS/ 129/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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