necessary in the complaint though some
particulars would be desirable. In SMS Pharmaceuticals Limited v. Neeta
Bhalla and anr.[2] (“SMS Pharma-(1)”), this Court ... concerned, all
these decisions purported to follow the law laid down in SMS Pharma-(1),
which does not lay down any general proposition
company.
15. Before the decision of the Supreme Court in SMS Pharmaceuticals v. Neeta Bhalla (supra)(which I shall advert to and discuss in detail ... that matter has been set at rest by the Supreme Court in SMS Pharmaceuticals Ltd. v. Neeta Bhalla (supra).
View of Delhi High Court
Gujarat Fertilizers Co. Ltd. & Anr. (2005 SCC
(Cri) 1020),
b) SMS Pharmaceuticals Ltd. Vs. Neeta Bhalla & Anr. (2005 )SCC (Cri)
1975),
c) Savita ... Channa Vasava Radhya (2007) 1 SCC
(Cri) 621),
d) SMS Pharmaceuticals Ltd. Vs. Neeta Bhalla & Anr. (2007) 2 SCC (Cri)
192 ,
e) Everest Advertising
Anita Malhotra vs. Apparel Export Promotion Council AIR 2012
SC 31,
2. SMS Pharmaceuticals Ltd. vs. Neeta Bhalla (2005) 8 SCC 89, and
3. GHCL ... this point including the threeJudges Bench judgment in M/s.
SMS Pharmaceuticlas Pvt. Ltd. Vs. Neeta Bhalla (2005) 8 SCC 89 has
been discussed
Aneeta Hada vs M/S Godfather Travels & Tours Pvt.Ltd on 8 May, 2008
referred to it by a two-Judge Bench of this Court in SMS
Pharmaceuticals vs. Neeta Bhalla ... Poddar vs. State (NCT of Delhi )
(2007) 3 SCC 693, while following SMS Pharmaceuticals
case ( supra) and Sabhita Ramamurthy case (supra),
this Court held that
Neeta Bhalla
& Anr. [2005 (8) SCC 89 for short `SMS Pharma (I)'].
5. Section 141 of the Act deals with offences by companies ... this Court considered the scope of section
141 of the Act in SMS Pharma (I) and held that it is necessary to specifically
aver
bench of three
Hon'ble Judges of the Supreme Court in SMS Pharmaceuticals Pvt.
Ltd. Vs. Neeta Bhalla , (2005) 8 SCC 89, the court ... ruling of the bench of three Hon'ble Judges in
SMS Pharmaceuticals (supra), continues to hold the field, the
decisions in Gunmala Sales
issue process against the Director. That is why this Court in SMS
Pharma-(1) observed that the question of requirement of
averments in a complaint ... High
Court's inherent powers? We do not think so.
29. SMS Pharma-(1), undoubtedly, says that it is
necessary to specifically aver
Negotiable Instruments Act.
9. Learned counsel has placed reliance upon SMS Pharmaceuticals Limited vs. Neeta Bhalla and others , (2005) 8 SCC 89, a three Judges ... further submitted that the case law of SMS Pharma (supra) has no bearing upon the petitioner's case.
13. Learned counsel has placed reliance
