TaxTMI Login
Just a moment...
AI-powered research trained on the authentic TaxTMI database.
Launch AI Search →Powered by Weblekha - Building Scalable Websites
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
<h1>Directors' Application to Quash Proceedings Dismissed for Failure to Present Financial Documents</h1> The High Court of Calcutta dismissed the application to quash proceedings against directors of a company for failing to present financial documents at the ... Competence of Assistant Registrar of Companies to institute prosecution - person aggrieved - computation of limitation based on knowledge of complainant - time-bar under criminal procedure - complaint filed within limitation from date of knowledgeCompetence of Assistant Registrar of Companies to institute prosecution - person aggrieved - Whether the Assistant Registrar of Companies was a competent person to file the complaint as a 'person aggrieved'. - HELD THAT: - The Court held that, having regard to the Companies Act and its provisions relating to powers of the Registrar and subordinate officers, the Assistant Registrar of Companies was competent to file the complaint. Consequently the Assistant Registrar was properly regarded as the 'person aggrieved' for the purpose of instituting prosecution under the Companies Act in the present matter.Assistant Registrar of Companies is a competent complainant and is the 'person aggrieved' for instituting the prosecution.Computation of limitation based on knowledge of complainant - time-bar under criminal procedure - complaint filed within limitation from date of knowledge - Whether the complaint was time-barred or was filed within the period of limitation computed from the date the complainant acquired knowledge. - HELD THAT: - The Court accepted the factual finding recorded in the petition of complaint that the non-filing of the balance-sheet and profit and loss account came to the complainant's knowledge from the annual return filed by the company on October 23, 1975 and from the certified copy of the proceedings of the annual general meeting on February 23, 1976. Applying the relevant provision of the Code of Criminal Procedure governing limitation computed from the date of knowledge of the complainant, the Court concluded that the complaint lodged on October 19, 1976 was within time under the statutory provision relied upon. The petitioners' contention that the offence was complete on June 27, 1975 and therefore the proceedings were barred was rejected because the limitation runs from the complainant's knowledge as pleaded.Complaint was filed within the period of limitation computed from the date on which the complainant acquired knowledge; proceedings are not time-barred.Final Conclusion: The petition to quash the criminal proceedings was dismissed: the Assistant Registrar of Companies is a competent complainant and the complaint was filed within the period of limitation based on the date the complainant acquired knowledge. The High Court of Calcutta dismissed the application to quash proceedings against directors of Lahiris Architectural Industries for not laying balance-sheet and profit and loss account at the annual general meeting. The complaint was filed within the time limit, and the Assistant Registrar of Companies was competent to file the complaint. The rule was discharged.
TaxTMI 
TaxTMI 
