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1960 (9) TMI 30 - SC - Companies LawWhether directors of the company knowingly and wilfully parties to the failure to lay before the company in general meeting the balance-sheet and profit and loss account as at March 31, 1953, and thereby became punishable under section 133(3) of the Act for a default in complying with the requirements of section 131? Held that:- Section 131 of our Act contains some provision about the laying of the balance-sheet before the general meeting. This provision was inserted in the Act by the amending Act of 1936. The fact, that one of the requirements of the English section 26 is not present in section 32 of our Act cannot create any material difference between section 32 of our Act and section 26 of the English Act. If the principle that a person charged with an offence cannot rely on his own default as an answer to the discharge is correct, as we think it is, and which we do not find Chagla C.J. saying it is not, then that principle would clearly apply when a person is charged with a breach of section 32 of our Act. Appeal allowed.
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