Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Income Tax Income Tax + SC Income Tax - 1984 (9) TMI SC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1984 (9) TMI 300 - SC - Income Tax

Issues involved: Interpretation of Section 10 of the Essential Commodities Act regarding prosecution of individuals u/s company's contravention.

Summary:
The Supreme Court heard an appeal where the State of Madhya Pradesh filed a complaint against two individuals, the Managing Director and Production Manager of a company, for alleged violations of licensing orders. The individuals sought to quash the proceedings, arguing they could not be prosecuted unless the company itself was also prosecuted. The Court examined Section 10 of the Essential Commodities Act, which specifies liability for contraventions by a company. The Court clarified that the Act allows for prosecution of the company, persons in charge, and officers separately or together. It emphasized that prosecution of individuals does not require simultaneous prosecution of the company, as long as the contravention by the company is established. The Court referred to previous judgments to support its interpretation. The appeals were dismissed, upholding the maintainability of the prosecutions.

In conclusion, the Supreme Court clarified the interpretation of Section 10 of the Essential Commodities Act, affirming the separate prosecution of individuals u/s a company's contravention without the necessity of simultaneous prosecution of the company itself. The Court emphasized the need to establish the company's contravention before holding individuals liable, rejecting the contention that individuals must be prosecuted only if the company is also prosecuted. The Court's decision upheld the maintainability of the prosecutions in this case, dismissing the appeals.

 

 

 

 

Quick Updates:Latest Updates