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    <title>1995 (5) TMI 210 - HIGH COURT OF RAJASTHAN</title>
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    <description>Criminal proceedings for alleged non-delivery of share certificates were not liable to be quashed under inherent jurisdiction where the complaint disclosed the essential ingredients of the offence and the allegations were neither absurd nor inherently improbable. The alleged default under section 113 of the Companies Act, 1956 was treated as continuing in nature because punishment was prescribed for every day the default continued, so limitation did not bar the complaint. Questions whether directors and the chairman were &quot;officers in default&quot; depended on the actual factual position and were not finally determinable at the quashing stage. The directors&#039; personal attendance was not to be insisted upon.</description>
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    <pubDate>Fri, 05 May 1995 00:00:00 +0530</pubDate>
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      <title>1995 (5) TMI 210 - HIGH COURT OF RAJASTHAN</title>
      <link>https://www.taxtmi.com/caselaws?id=102733</link>
      <description>Criminal proceedings for alleged non-delivery of share certificates were not liable to be quashed under inherent jurisdiction where the complaint disclosed the essential ingredients of the offence and the allegations were neither absurd nor inherently improbable. The alleged default under section 113 of the Companies Act, 1956 was treated as continuing in nature because punishment was prescribed for every day the default continued, so limitation did not bar the complaint. Questions whether directors and the chairman were &quot;officers in default&quot; depended on the actual factual position and were not finally determinable at the quashing stage. The directors&#039; personal attendance was not to be insisted upon.</description>
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