9911796707
TMI Blog1991 (9) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... ), Madurai. At the instance of the respondent who is the Inspecting Assistant Commissioner of Income-tax (Assessment Range-I), Madurai, he along with nine others are being prosecuted for alleged commission of offences punishable under section 120B, section 192, section 196 and section 420 read with section 511 of the Indian Penal Code, 1860, and sections 276C(1), 277 and 278 read with section 278B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs do. He also submitted, on the basis of a Government order, that the petitioner had not been expected to participate in the day-to-day administration or conduct of the business of the company, but was only responsible for the prompt payment of the instalments of dues to the Government by Geethanjali Mills Ltd. He submitted that the appellant was made a nominee-director on May 26, 1978, and assum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ., learned counsel appearing on behalf of the respondent. He countered the arguments stating that the contentions relate to pure questions of fact, appreciation of which cannot be undertaken in the exercise of its inherent jurisdiction. I have carefully considered the rival contentions. The effect of the Government order, appointing the petitioner is a nominee-director, will have to be considere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usiness of the company. The petitioner will be at liberty to urge the contentions placed before me after evidence is adduced before the trial Magistrate. The difference between the nominee-director and any other director will again be a matter of evidence. So far as section 30A of the Industrial Development Bank of India Act, 1964, is concerned, the words used therein "nothing done or omitted to b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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