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march 1992

Supreme Court of India · 1992-03-13

R.BANERJEE vs H D DUBEY .

Citation / case number
SC 1992/86212
Court
Supreme Court of India
Petitioner
R.BANERJEE
Respondent
H D DUBEY .
Author
A.M. AHMADI
Bench
A.M. AHMADI

Judgment text excerpt

The Supreme Court held that under Section 17 of the Prevention of Food Adulteration Act, 1954, prosecution can only be launched against the nominated person responsible for the conduct of the business of a company, unless it is shown that the offence was committed with the consent, connivance, or negligence of other Directors or Managers. The Court clarified that if a valid nomination exists, other Directors cannot be prosecuted. The appeals were allowed, ruling that the prosecution against the Directors was impermissible due to the valid nomination communicated prior to the complaints.

R.BANERJEE vs H D DUBEY . · Niyam