Offences by companies: persons in charge and officers can be liable unless they prove lack of knowledge or due diligence. Section 135 deems the company and every person directly in charge of and responsible for the company's business at the time of a Chapter offence to be guilty and liable, subject to a defence that the person proves absence of knowledge or that all due diligence was exercised to prevent the offence. It also renders directors, secretaries or other officers liable where the offence occurred with their consent or connivance or is attributable to their neglect, and defines company to include firms and Director in relation to a firm to mean 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.
Offences by companies: persons in charge and officers can be liable unless they prove lack of knowledge or due diligence.
Section 135 deems the company and every person directly in charge of and responsible for the company's business at the time of a Chapter offence to be guilty and liable, subject to a defence that the person proves absence of knowledge or that all due diligence was exercised to prevent the offence. It also renders directors, secretaries or other officers liable where the offence occurred with their consent or connivance or is attributable to their neglect, and defines company to include firms and Director in relation to a firm to mean a partner.
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