1959 (8) TMI 21

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Companies Act, 1956, from apprehended prosecution for failure to comply with the provisions of sections 159, 166, 210 and 220 of the Act, the failure being punishable under sections 162(1), 168, 210(5) and 220(3) respectively. It would appear from the affidavit filed in support of the petition that, soon after petitioners 1 to 11 became directors of the 12th petitioner company in pursuance of a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... pany itself that can be relieved. This petition in so far as it relates to the 12th petitioner company will therefore have to be. dismissed, and it is accordingly dismissed. Sub-section (1) of section 633 refers to any proceeding for negligence, default, breach of duty, misfeasance or breach of trust against an officer of a company, and the word "proceeding" there is undoubtedly wide enough to c .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the word "claim" in sub-section (2) must be construed as having been used in a special sense so as to include also a criminal prosecution. In other words you are to look upon a criminal prosecution as a claim that the offender be punished in accordance with law. The wording of subsections (1) and (2) of section 633 of the Act is, for the present purpose, identical with the wording of sub-sections .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X