PROSECUTION UNDER COMPANIES ACT, 1956

Querist : Anonymous (Querist) 17 December 2010 This query is : Resolved
I LIKE TO KNOW WHETHER THE REGISTRAR OF COMPANIES, CAN PROSECUTE A DIRECTOR UNDER SECTION 628 OF THE ACT WITHOUT INFORMING MINISTRY/HIGHER AUTHORITIES.
IF ANY CASE LAW IN CONNECTION WITH 628 CAN BE PROVIDED.

Follow Query

Report Abuse

Advocate. Arunagiri (Expert) 17 December 2010
If the company had given false statement, the director can be prosecuted through their legal cell, no need for permission from the ministry.

Querist : Anonymous (Querist) 17 December 2010
DEAR SIR,

THANK U VERY MUCH .
BUT WHETHER ROC CAN DIRECTLY PROSECUTE THE DIRECTOR IN THE MAGISTRAT COURT WITHOUT REFERRING THE MATTER TO THE LEGAR CELL.

Advocate. Arunagiri (Expert) 17 December 2010
Legal cell is the in house department of the ROC. Only the legal cell will monitor all the disputes of the ROC. The legal cell will initiate prosecution through their standing counsel.