TMI Blog1952 (5) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... a Mukherji appearing on behalf of the appellant that as it is a limited company there can be no proprietor and the person in charge of the limited company should have been proceeded against. He very fairly points out that the person in charge is the son of Anath Bandhu Samanta called Shib Kanta Samanta who is the General Secretary. His first contention is that the proceeding should have been against Shib Kanta Samanta. As the matter has to go back to the Municipal Magistrate, when the matter goes back the learned Magistrate may draw up proceedings against Shib Kanta Samanta instead of Anath Bandhu Samanta, as Shib Babu is admitted to be the person in charge of the business. Mr. Chakravarty on behalf of the State has raised the point wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in the statute which will prevent the application of the section to a limited company, certainly a limited company cannot be proceeded against. For example, rape cannot be committed by a limited company. There are heaps of other sections in which it will be physically impossible by a limited company to commit the offences. Then again it is quite clear that a limited company cannot generally be tried where metis rea is essential. Again it cannot be tried where the only punishment for the offence is imprisonment because it is not possible to send a limited company to prison by way of a sentence. If we leave these classes of cases aside, it is not clear why under the Indian law a limited liability company cannot be proceeded against. Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l" and the provision was that the expression "committed for trial" used in relation to any person shall, unless the contrary intention appears, mean, committed to prison with a view to being tried before a judge or july. This interpretation of "committed for trial" has not found a place in the Indian law. There is no such definition of commitment for trial as in the English Interpretation Act. Therefore, because of the difficulty of committing for trial under the English law it could not be possible for a judge or a jury to try a limited liability company but in the Indian law "committed for trial" or being prosecuted does not mean being actually detained in a prison. Therefore, the reason given why a limited liability company could not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate. It will be quite optional for the learned Magistrate, if he so likes, to proceed against the limited liability company itself instead of its officer and more so as a fine is the only sentence provided for in the present case. If the learned Magistrate so likes he may also proceed against the principal officer for abetment. This is a matter for use of his judicial discretion. Under section 407(1)( v ) of the Calcutta Municipal Act it provided that in the case of mustard oil it shall be derived exclusively from seed. If therefore mustard oil is adulterated with any other kind of oil which is not mustard oil then certainly whatever be the saponification test or other consideration there will be an offence committed of violation of secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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