http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER: THE STATE OF BOMBAY
Vs.
RESPONDENT: BANDHAN RAM BHANDANI AND OTHERS.
DATE OF JUDGMENT: 23/09/1960
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. IMAM, SYED JAFFER GUPTA, K.C. DAS
CITATION: 1961 AIR 186 1961 SCR (1) 801 CITATOR INFO : E 1973 SC2429 (2,7,8)
ACT: Company--General meeting not called wilfully--Whether it can be a defence--Indian Companies Act, 1913 (VII Of 1913), as amended by Companies Act, 1936 (22 of 1936), ss. 5, 32(5) 131 and 133(3).
HEADNOTE: The respondents, directors of a company, were prosecuted under ss. 32(5) and 133(3) of the Companies Act, 1913, for breaches Of ss. 32 and :131 of that Act for having knowingly and wilfully authorised the failure to file the summary of share capital for the year 1953 and being knowingly and wilfully parties to the failure to lay before the company in general meeting the balance sheet and profit and loss account as at March 31, 1953. The respondents contended that there was no default in complying with the requirements of the section as no general meeting had been held in the year concerned. Held--A person charged with an offence cannot rely on his default as an answer to the charge and so, if the respondents were responsible for not calling the general meeting, they cannot be heard to say in defence to the charges brought against them that th...