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Standard Chartered Bank And Others vs Directorate Of Enforcement And Others on 24 February, 2006 cites

The Assistant Commissioner, ... vs M/S. Velliappa Textiles Ltd. & Anr on 16 September, 2003

17. Considerable amount of argument was raised as to who is the person who is liable to be prosecuted under Section 68(1) as in charge of or responsible for the affairs of the company. The question whether a particular person who is sought to be prosecuted under Section 68(1) of the Act, is the person who is liable to be prosecuted under Section 68(1), is a question that has to be raised at the trial. We have already noticed the scope of the writ petitions giving rise to these appeals. The question sought to be raised on this aspect based on the various decisions of the English Courts and the decision of this Court in Valliappa Textiles Ltd. and Another (supra) depends upon the facts of the case proved before the Court dealing with the prosecution and it is not necessary for us to pronounce on those aspects in these appeals. Suffice it to say, that the arguments on this score are of no avail while considering the constitutional challenge to Section 68 of the Act as being violative of Articles 14 and 21 of the Constitution. We reject the contention, leaving it to the concerned appellant to raise that plea before the appropriate forum regarding his culpability under Section 68(1) of FERA.
Supreme Court of India Cites 23 - Cited by 106 - B N Srikrishna - Full Document
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