https://www.taxtmi.com/caselaws?id=100301 Section 633(1) of the Companies Act, 1956 gives a discretionary power to relieve a company officer from liability only after the court is satisfied that the person is or may be liable, acted honestly and reasonably, and ought fairly to be excused. Because that determination depends on whether the offence or default was in fact committed, the inquiry cannot be confined to the pleadings and objections alone. In the absence of a special procedure under the Act or the Rules, the inquiry must follow the Code of Criminal Procedure, 1973 and be based on evidence, preferably alongside the criminal case. en-us Fri, 16 Mar 1984 00:00:00 +0530 Tue, 31 Jan 2012 18:15:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=100301 Section 633(1) of the Companies Act, 1956 gives a discretionary power to relieve a company officer from liability only after the court is satisfied that the person is or may be liable, acted honestly and reasonably, and ought fairly to be excused. Because that determination depends on whether the offence or default was in fact committed, the inquiry cannot be confined to the pleadings and objections alone. In the absence of a special procedure under the Act or the Rules, the inquiry must follow the Code of Criminal Procedure, 1973 and be based on evidence, preferably alongside the criminal case. Case-Laws Companies Law Fri, 16 Mar 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=100301