https://www.taxtmi.com/caselaws?id=97576 Section 237 of the Indian Companies Act does not make a prior judicial direction a condition precedent to a prosecution launched by an official liquidator, because the provision does not bar criminal proceedings absent such direction and does not render the complaint incompetent for want of prior approval. It also does not require notice to or hearing of the accused directors before the court directs prosecution; any hearing contemplated by the proviso applies later, when the registrar considers whether prosecution should proceed. Section 179 separately governs the liquidator's authority to institute proceedings. On that reasoning, the prosecution was legally maintainable and the complaint competent. en-us Thu, 11 Sep 1958 00:00:00 +0530 Fri, 05 Sep 2014 10:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97576 Section 237 of the Indian Companies Act does not make a prior judicial direction a condition precedent to a prosecution launched by an official liquidator, because the provision does not bar criminal proceedings absent such direction and does not render the complaint incompetent for want of prior approval. It also does not require notice to or hearing of the accused directors before the court directs prosecution; any hearing contemplated by the proviso applies later, when the registrar considers whether prosecution should proceed. Section 179 separately governs the liquidator's authority to institute proceedings. On that reasoning, the prosecution was legally maintainable and the complaint competent. Case-Laws Companies Law Thu, 11 Sep 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97576