2006 (8) TMI 321

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....Respondent. ORDER 1. Heard the parties. 2. The two writ applications are as between the same parties and a common question of law arises, as such, with consent of parties, both are taken up together. In the first writ application, a counter-affidavit has been filed on behalf of respondent No. 3, the Assistant Commissioner of Commercial Taxes, Biharsharif Circle, Biharsharif (Nalanda) who ....

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....the Bihar Finance Act, 1981 Part I. Without going into the question of validity or otherwise of the demand as against the company aforesaid it is submitted on behalf of the petitioners that they are merely Directors and shareholders of the said company. It is submitted that for the dues of the company, the petitioners cannot be proceeded against. With reference to requisitions in both the cases, i....

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....ithout jurisdiction. 4. Having heard the parties and perusing the counter-affidavit, I find that the submission of the petitioners is correct and has to be upheld. With reference to section 5 and in particular 5(b) of the Companies Act, it is said on behalf of the State that a whole-time Director or Directors would be officers who are in default and would be liable as such. I have perused secti....

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....can sue in its own name. The liability of a company cannot become liability of the Directors and/or shareholders. On this point, I need not deliberate further as this issue has been comprehensively settled by a series of judgment of this Court starting from Harihar Prasad v. Bansi Missir AIR 1931 Pat. 321 to one of the last judgments on this issue being the Division Bench judgment of this Court in....