tag:blogger.com,1999:blog-3202774368551476669.post1134798344814950342..comments2023-09-15T16:21:31.980+05:30Comments on INDIAN CORPORATE LAW: When Can Directors be Held Responsible for Offences Committed by Their Companies?Umakanth Varottilhttp://www.blogger.com/profile/12438677982004444359noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-3202774368551476669.post-47633286624392982472008-08-17T14:25:00.000+05:302008-08-17T14:25:00.000+05:30In the case of Aneeta Hada v. Godfather Travels an...In the case of Aneeta Hada v. Godfather Travels and Tours Pvt. Ltd, the statute in question was the Negotiable Instruments Act. Paragraph 13 of Sinha J.'s judgment is especially instructive:<BR/> <BR/>"Section 141 of the Act raises a legal fiction. Such a legal fiction can be raised only when the conditions therefor are fulfilled; one of it being that company is also prosecuted."<BR/> <BR/>Therefore, this case impliedly supports the position of law existing, namely that directors can be held criminally responsible for misdemeanours of companies only when the statute has a provision that permits the same.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-75555234400597546142008-08-07T15:16:00.000+05:302008-08-07T15:16:00.000+05:30Reference to the latest judgment of Supreme Court ...Reference to the latest judgment of Supreme Court in Aneeta Hada v. M/s Godfather Travels & Tours Private Limited, would offer additional assistance on the topic.Anonymousnoreply@blogger.com