Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Jayantilal Vashrambhai Modia & Anr Versus M/s Orient Bell Ltd & Ors

2016 (5) TMI 769 - SUPREME COURT

Complaint made under Section 141 of the Negotiable Instruments Act - validity of summons - Held that:- We find that in the complaint, the appellant has not made a specific statement that the appellant as a Director and arrayed as an accused was in-ch .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ction 141 of the Negotiable Instruments Act and the law laid down by this court in in National Small Industries Corporation Limited vs. Harmeet Singh Paintal and Another, [2010 (2) TMI 590 - SUPREME COURT OF INDIA ] .

The order so passed b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

JJ For the Petitioner : Mr. Huzefa Ahmadi, Sr. Adv., Mr. Abhishek Garg, Adv., Mr. Dinesh Kumar Garg, Adv. And Mr. R. C. Kaushik, AOR For the Respondent : Mr. Binay Kumar Das, AOR And Mr. Vivek Gupta, AOR ORDER Leave granted. We have heard learned co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mere Director of accused Company, who cannot be prosecuted as no vicarious liability can be fastened with the appellant. It is submitted that the High Court passed the said order, without referring to the Agreement dated 13.08.2010 annexed to the pet .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t of this Court reported in National Small Industries Corporation Limited vs. Harmeet Singh Paintal and Another, (2010) 3 SCC 330, wherein this Court, while dealing with an almost similar fact situation had held in paras 12 & 13 as follows: 12. I .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nsible to the company for the conduct of the business of the company. Every person connected with the company shall not fall within the ambit of the provision. Only those persons who were in-charge of and responsible for the conduct of the business o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

relevant time, will not be liable for a criminal offence under the provisions. The liability arises from being in-charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed and not on .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tement in a complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the company without anything more as to the role of the Director. But the complaint should spell out as .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version