TMI Blog2018 (2) TMI 1864X X X X Extracts X X X X X X X X Extracts X X X X ..... that:- On the basis of solitary complaint by one of the members of the Petitioner society against the erstwhile office bearers of the society, a drastic step of initiation of proceedings under the PML Act, is at least, prima-facie, an abuse of process of law. By way of ad interim order, there shall be stay to all the further proceedings qua the present Petitioner - Stand over to 1st March 2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... initiation of the enforcement case under the provisions of the Prevention of Money Laundering Act, 2002 (for short PML Act ). 4] The Petitioner is a society duly registered under Section 33 of the Copyright Act, 1957. Perusal of Chapter VII of the Copyright Act, 1957 as well as Chapter XI of the Copyright Rules, 2013 would reveal that a complete code is provided for the functioning of the cop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 6] For the offences under Section 420, 471 as well as 120(B), mens rea is a necessary ingredient. As held by the this Court in Natural Sugar and Allied Industries Ltd. and another Vs. Razzak s/o Hazi Gaffar and others (2006 All M.R. (Cri.) 2822) and Motorola Incorporated Vs. Union of India and Others(2004 Cri.L.J. 1576) juristic person cannot be prosecuted for offences which require mens rea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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