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Iridium India Telecom Ltd. vs Motorola Inc. And Ors. on 12 December, 2003

(c) We see no merit in the above arguments advanced on behalf of Cals. As rightly contended by Counsel for SEBI, Apex Court's decision in case of Iridium India Telecom Ltd. vs. Motorola Inc. & Ors. reported in (2011) 1 SCC 74, which is binding on this Tribunal, clearly postulates that criminal liability of a corporation would arise when an offence is committed in relation to the business of the corporation by a person or body of persons in control of its affairs. In such a case, what is to be ascertained is, whether the degree and control of the person or body of persons was so intense that a corporation could be said to think and act through the person or the body of persons controlling its affairs.
Bombay High Court Cites 15 - Cited by 10 - H L Gokhale - Full Document
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