Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Criminal prosecution of a statutory auditor for defective company accounts requires that the auditor fall within the persons designated by the applicable accounting-compliance provision or be expressly charged with that duty. The notes state that an auditor's failure to flag accounting-standard non-compliance does not itself amount to making a false statement unless there is an allegation of a materially false statement or knowing omission of a material fact. They further distinguish wilful default from negligence or lack of due care: criminal liability for breach of statutory audit duties requires allegations of wilfulness, which adverse audit qualifications may negate. On the stated averments, the prosecution was quashed.
Criminal prosecution of a statutory auditor for defective company accounts requires that the auditor fall within the persons designated by the applicable accounting-compliance provision or be expressly charged with that duty. The notes state that an auditor's failure to flag accounting-standard non-compliance does not itself amount to making a false statement unless there is an allegation of a materially false statement or knowing omission of a material fact. They further distinguish wilful default from negligence or lack of due care: criminal liability for breach of statutory audit duties requires allegations of wilfulness, which adverse audit qualifications may negate. On the stated averments, the prosecution was quashed.
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