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    <title>2008 (12) TMI 832 - Supreme Court</title>
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    <description>A complaint against company officers will survive threshold scrutiny where it contains specific averments that the Joint Managing Director was in charge of and responsible for the company&#039;s business, together with supporting material showing alleged statutory non-compliance and continued discharge of polluted effluent. In such prosecutions, liability may extend to officers responsible for the conduct of the business or whose consent, connivance, or neglect contributed to the offence. The Court also reiterated that inherent powers under Section 482 CrPC must be exercised sparingly and cannot be used to stifle a prosecution unless the complaint discloses no offence or suffers from a clear legal defect; the complaint was therefore allowed to proceed to trial.</description>
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    <pubDate>Fri, 12 Dec 2008 00:00:00 +0530</pubDate>
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      <title>2008 (12) TMI 832 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=311168</link>
      <description>A complaint against company officers will survive threshold scrutiny where it contains specific averments that the Joint Managing Director was in charge of and responsible for the company&#039;s business, together with supporting material showing alleged statutory non-compliance and continued discharge of polluted effluent. In such prosecutions, liability may extend to officers responsible for the conduct of the business or whose consent, connivance, or neglect contributed to the offence. The Court also reiterated that inherent powers under Section 482 CrPC must be exercised sparingly and cannot be used to stifle a prosecution unless the complaint discloses no offence or suffers from a clear legal defect; the complaint was therefore allowed to proceed to trial.</description>
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