Pages

▼
Showing posts with label directors. Show all posts
Showing posts with label directors. Show all posts
Thursday, 29 December 2022

Whether directors of a Company can escape liability under The Drugs and Cosmetics Act on the ground that they were not involved in the production of Drugs?

›
More particularly, the principle laid down in Section 141 of the NI Act (which is pari materia with identical sections in other Acts like th...
1 comment:
Wednesday, 12 August 2020

Supreme Court: Liability for Criminal offence depends on the role one plays in the affairs of the company and not on mere designation or status

›
 We may notice that Section 141 of the Negotiable Instruments Act, which was inserted in Negotiable Instruments Act by amendment in the ye...
Sunday, 12 January 2020

What are essential requirement for prosecuting director of company along with company for rash and negligent act?

›
 By applying the ratio laid down by this Court in the case of Sunil Bharti Mittal MANU/SC/0016/2015 : (2015) 4 SCC 609 it is clear that an...
Monday, 12 August 2019

Whether it is mandatory to issue notice to each director if dishonour of cheque is committed by company?

›
 Section 141 states that if the person committing an offence Under Section 138 is a Company, every director of such Company who was in cha...
Thursday, 4 July 2019

Whether directors of company can be directed to disclose their personal assets in execution of money decree against corporation?

›
Order 21 titled "Execution of Decrees and Orders", in Rule 41 thereof provides as under: "41. Examination of judgment d...
Saturday, 25 May 2019

Whether director of company can be made accused in cheque dishonour case if cheque does not bear his signature?

›
 Now, turning towards the second point, it is to be noted that as regards accused nos. 02 to 12, only at two places, same statement has be...

Whether director of company can be made accused in cheque dishonour case in absence of specific allegation against him?

›
Mr. Chapalgaonkar has relied upon the observation in the case reported in (2012) SCC 520 wherein, it is observed that: This Court has ...
Wednesday, 6 February 2019

Whether independent directors of company can be summoned as accused in cheque dishonour case?

›
Upon hearing and on perusal of the impugned complaints, summoning order and the decision cited,  I find that Supreme Court in Standard Ch...
Saturday, 26 January 2019

Whether prosecution for dishonour of cheque against director is maintainable if company is not made accused?

›
A decision of a three Judge Bench of this Court in  Aneeta Hada vs. Godfather Travels and Tours Private Limited (2012) 5 SCC 661  governs...

Whether director of company can be prosecuted if company is not prosecuted?

›
Applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is an express con...
Saturday, 27 October 2018

Whether director of company can file complaint for dishonour of cheque without resolution by board of directors?

›
  In the case of Chico Ursula D 'Souza v. Goa Plast Pvt. Ltd. (supra) this Court has again held that a person who claims to represent a...
Sunday, 19 August 2018

Whether directors can be prosecuted in cheque dishonour case if company is not made accused?

›
In view of our aforesaid analysis, we arrive at the irresistible conclusion that for maintaining the prosecution under Section 141 of the ...
Monday, 2 October 2017

Whether a person can be held liable for dishonour of cheque if she has only handed over cheque?

›
After hearing the learned counsel for the parties and perusing the record of the case as well as the precedent law, this Court is of th...
Wednesday, 10 May 2017

When directors of company can be prosecuted if company is accused in the case?

›
Learned counsel for the appellants further relied upon few more judgments wherein  it was well settled that the test to be applied for ...
Saturday, 17 September 2016

Whether any director can institute suit on behalf of company without authorization by board of directors?

›
 It is well-settled that under  Section 291  of the Companies Act except where express provision is made that the powers of a company in ...
Wednesday, 10 August 2016

When directors of company can escape liability for dishonour of cheque?

›
It primarily falls on the drawer company and is extended to officers of the Company. The normal rule in the cases involving criminal li...
Saturday, 11 June 2016

Whether prosecution for dishonour of cheque can be quashed against company on ground that notice was issued to one of it's director?

›
In the instant case, the notice of dishonour was sent to the registered office of the company and was received by petitioner no.2 who i...
Tuesday, 24 May 2016

When corporation as well as its officers can sue for defamation?

›
It is well settled that a corporation cannot suffer damages in mind or body. But as held in Metropolitan Saloon Omnibus Co. Ltd. v. Hawk...

What is distinction between defamation of corporation from defamation of its officers?

›
The first question which arises for consideration in this case is as to whether a corporation can sue for damages on account of defamati...
Monday, 4 April 2016

When all directors of company can not be directed to pay compounding fees for compounding offences under Legal Metrology Act, 2009?

›
On hearing the learned counsel for the parties and on a perusal of the provisions of  The Legal Metrology Act , 2009, it appears  that t...