Offences by companies: liability extends to persons in charge where consent, connivance, or neglect is shown. Section 55 deems both the company and every person in charge of and responsible for its business at the time of an offence to be guilty and liable to proceedings, subject to a defence that the person proves absence of knowledge or that all due diligence was exercised to prevent the offence. It further provides that where an offence is committed with the consent or connivance of, or is attributable to neglect by, any director, manager, secretary or other officer, that individual shall also be deemed guilty. The section defines company to include firms, limited liability partnerships and other associations, and treats a partner as a director in a firm.
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Provisions expressly mentioned in the judgment/order text.
Offences by companies: liability extends to persons in charge where consent, connivance, or neglect is shown.
Section 55 deems both the company and every person in charge of and responsible for its business at the time of an offence to be guilty and liable to proceedings, subject to a defence that the person proves absence of knowledge or that all due diligence was exercised to prevent the offence. It further provides that where an offence is committed with the consent or connivance of, or is attributable to neglect by, any director, manager, secretary or other officer, that individual shall also be deemed guilty. The section defines company to include firms, limited liability partnerships and other associations, and treats a partner as a director in a firm.
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