Corporate liability: persons in charge and officers held responsible for offences, subject to a due diligence defence. Liability attaches to a company and to every person in charge of its business for offences under the Act; officers who consented, connived or whose negligence attributable to the offence are also liable. Similar deeming liability applies to partners, karta or managing trustees for partnerships, LLPs, HUFs and trusts. A person is not liable if he proves lack of knowledge or that he exercised all due diligence to prevent the offence. The section explains that 'company' includes firms and associations and 'director' in a firm means a partner.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Corporate liability: persons in charge and officers held responsible for offences, subject to a due diligence defence.
Liability attaches to a company and to every person in charge of its business for offences under the Act; officers who consented, connived or whose negligence attributable to the offence are also liable. Similar deeming liability applies to partners, karta or managing trustees for partnerships, LLPs, HUFs and trusts. A person is not liable if he proves lack of knowledge or that he exercised all due diligence to prevent the offence. The section explains that "company" includes firms and associations and "director" in a firm means a partner.
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