<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1990 (10) TMI 259 - HIGH COURT OF DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=101997</link>
    <description>Section 633(2) of the Companies Act, 1956 was treated as a remedial provision that can still be invoked after criminal complaints are filed, so the court retained jurisdiction to consider relief on merits if the officer had acted honestly and reasonably. Defaults relating to annual general meeting and statutory filing requirements were held not to be continuing offences where the breach was complete on expiry of the prescribed time and the penalty merely increased with duration of non-compliance. On limitation, complaints filed after the six-month period for fine-only offences did not amount to valid cognizance absent condonation under section 473. Relief was therefore available and the prosecution could not be sustained on those facts.</description>
    <language>en-us</language>
    <pubDate>Fri, 12 Oct 1990 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 13 Feb 2012 13:28:37 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=139046" rel="self" type="application/rss+xml"/>
    <item>
      <title>1990 (10) TMI 259 - HIGH COURT OF DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=101997</link>
      <description>Section 633(2) of the Companies Act, 1956 was treated as a remedial provision that can still be invoked after criminal complaints are filed, so the court retained jurisdiction to consider relief on merits if the officer had acted honestly and reasonably. Defaults relating to annual general meeting and statutory filing requirements were held not to be continuing offences where the breach was complete on expiry of the prescribed time and the penalty merely increased with duration of non-compliance. On limitation, complaints filed after the six-month period for fine-only offences did not amount to valid cognizance absent condonation under section 473. Relief was therefore available and the prosecution could not be sustained on those facts.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Fri, 12 Oct 1990 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=101997</guid>
    </item>
  </channel>
</rss>