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...
Vicarious liability under FEMA arises where a person is in charge of and responsible for the company's business; office alone does not establish that responsibility. The Financial Advisor and Chief Accounts Officer's authority to sign export-related, import and bank-account documents established assigned responsibility for export transactions, making him liable for neglect in the company's non-realisation of export proceeds, although consent or connivance was not proved. FEMA penalties are civil and may apply to technical or procedural contraventions without proving mens rea. The Tribunal sustained liability for neglect but limited the penalty to the pre-deposit already made and deleted the balance.
Vicarious liability under FEMA arises where a person is in charge of and responsible for the company's business; office alone does not establish that responsibility. The Financial Advisor and Chief Accounts Officer's authority to sign export-related, import and bank-account documents established assigned responsibility for export transactions, making him liable for neglect in the company's non-realisation of export proceeds, although consent or connivance was not proved. FEMA penalties are civil and may apply to technical or procedural contraventions without proving mens rea. The Tribunal sustained liability for neglect but limited the penalty to the pre-deposit already made and deleted the balance.
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