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1 - 7 of 7 (0.36 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
The Prevention Of Food Adulteration Act, 1954
S.M.S. Pharmaceuticals Ltd vs Neeta Bhalla And Anr on 20 September, 2005
15. Strictly speaking, the ratio of the SMS Pharmaceuticals (supra) can be followed only,
after the factum that accused were the Directors or Partners of a Company or Firm
respectively at the relevant point of time, stands fully established. However, in cases like the
present, where there are allegations and counter-allegations between the parties regarding
the very composition of the firm, the above rule of `specific averment' must be broadly
construed. Indeed, it would be nothing short of a travesty of justice if the Directors of a
Company of Partners of a Firm, who, having duped a third-party by producing false
documents (like a fake partnership deed) or making false statements (that some others were
in charge of the Company/Firm), at a subsequent stage, seek protection from prosecution
on the ground that they were not directly indicted in the complaint - such a proposition
strikes against one of the very basic tenets of the law of natural justice, which is, that none
shall be allowed to take advantage of his own default. Of course, the above observation is
of a general nature, and has no bearing on the present case, but nonetheless, the power to
Crl. A. @ SLP(Crl.)No.1874 of 2008 etc. .... (Contd.)
The Food Safety And Standards Act, 2006
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