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september 2013

Supreme Court of India · 2013-09-17

Ajoy Acharya vs State Bureau Of Inv.Against ...

Citation / case number
AIR 2013 SC (CRIMINAL) 2161
Court
Supreme Court of India
Petitioner
Ajoy Acharya
Respondent
State Bureau Of Inv.Against ...
Author
Jagdish Singh Khehar
Bench
Jagdish Singh Khehar, P. Sathasivam

Judgment text excerpt

The Supreme Court examined the legality of the Board of Directors' resolution dated 19.4.1995 of the Madhya Pradesh State Industrial Development Corporation (MPSIDC), which authorized short-term loans despite prior prohibitions from a Cabinet Review Meeting and an earlier Board resolution. The Court held that the actions of the Board were in violation of Section 292 of the Companies Act, 1965, and that the accused functionaries acted with knowledge of the prior decisions, thereby establishing culpability under Sections 409, 406, 467, 468, and 120B IPC and Section 13(1)(d) of the Prevention of Corruption Act, 1988. The judgment affirmed the validity of the FIR against the accused for their involvement in the alleged financial misconduct.

Ajoy Acharya vs State Bureau Of Inv.Against ... · Niyam