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february 2007

Supreme Court of India · 2007-02-20

S.M.S. PHARMACEUTICALS LTD. vs NEETA BHALLA

Citation / case number
SC 2002/6383
Court
Supreme Court of India
Petitioner
S.M.S. PHARMACEUTICALS LTD.
Respondent
NEETA BHALLA
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 141 of the Negotiable Instruments Act, 1881, clarifying that it is sufficient for the substance of the allegation to meet the requirements of the section without needing to specify that the accused was in charge of the company's business. The Court held that a director of a company is deemed responsible for the company's conduct unless proven otherwise. The judgment emphasized the need for specific averments in complaints but allowed for prosecution of signatories and managing directors in their capacity as responsible officers of the company.

S.M.S. PHARMACEUTICALS LTD. vs NEETA BHALLA · Niyam