https://www.taxtmi.com/caselaws?id=101617 Process cannot validly issue for an alleged offence under the Companies Act, 1956 unless the sworn statement discloses the essential ingredients of the offence. Where the complaint alleged failure to register transfer of shares within two months, but the sworn statement did not state that the company had refused registration within the prescribed period, the omission was fatal. A bare assertion in the complaint could not cure the defect in the sworn statement, because the sworn statement itself had to establish the basic elements before process was issued. The order issuing process was therefore unsustainable and was set aside. en-us Fri, 08 Jan 1988 00:00:00 +0530 Fri, 10 Feb 2012 13:44:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101617 Process cannot validly issue for an alleged offence under the Companies Act, 1956 unless the sworn statement discloses the essential ingredients of the offence. Where the complaint alleged failure to register transfer of shares within two months, but the sworn statement did not state that the company had refused registration within the prescribed period, the omission was fatal. A bare assertion in the complaint could not cure the defect in the sworn statement, because the sworn statement itself had to establish the basic elements before process was issued. The order issuing process was therefore unsustainable and was set aside. Case-Laws Companies Law Fri, 08 Jan 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101617