In Indian Motion Picture Producers’ Association v. Federation of Western India Cine Employees, the Commission clarified that its orders are in rem and not in personam. If an order was issued for market correction, the Commission was of the view that it was not obligated to take cognizance of successive informations brought by different parties’ agitating the same issue. To order investigation repeatedly on the same issues would result in sub- optimal utilisation of the resources of the Commission, and the same would cause wastage of public money besides being a futile exercise. Thus, the Commission concluded that no further deliberation upon the allegations was required as they have been dealt with in the aforesaid decision of the Commission.
In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
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