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legalgal (Associate)     26 March 2010

Scope of Section 91 CrPC

1) Can the court summon documents under S 91, from a company, who is a wholly owned subsidiary of the accused company?

Will the concept of separate legal entity prevail or the corporate veil will be lifted? 

2) The subsidiary is also a foreign company, does the court have territorial jurisdiction under criminal law or just section 91 to summon documents from foreign companies? 

Thanks in advance :) 



Learning

 2 Replies

Tarun Kalra LL.M, M.B.A (advocate)     03 April 2010

a court can summon from a foreign compny through its director, if it is having branches in india, and if it does not having branches in india, then it can summon the record throught the ambassy of that country in which, the company is having its head office, if there is a treaty or protocol of that country with india.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     26 April 2010

Since you have mentioned that  it is  wholly owned subsidiary of the accused company? That on an application filled by the other side U/s.91.Cr.P.C.  If the court is convenced with reasons mentioned in the application and on the hearing, That if the very records are likely to either prove the innocence/guilt of the accused/complainant  Then the Court has the power to direct  for producing the documents/records. That you have not mentioned the designation/of the accused in the subsidary company, if so we could suggest better.


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