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Proceedings under prevention of food adulteration how to proceed
22-Feb-2023 (In Criminal Law)
How does the court compel appearance of a company? whether a court can proceed ex-parte against a company? How does the court declare a company as fictitious legal entity?
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..provide the full disclosure of facts so that proper and appropriate guidance be provided to you
..provide the full disclosure of facts so that proper and appropriate guidance be provided to you
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Adv. Sanjeev
Delhi | 100+ Answers
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Firstly let's be clear complaint under food adulteration act can be filed by Concerned department not private individual.A private Individual has two options file complaint against non existing company or get the material tested and file consumer or civil case and on the basis of finding file a criminal case.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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Court compels the appearance of a company through its Directors if any Authorised Representative for the court related matter has not been decided by any Board resolution of the said company.
A court can proceed ex- parte or can issue Non- bailable Warrant against the Director as per the situation and pleading by the other party in the case.
To declare a company as fictitious legal entity a court has to consider the facts and evidences in the case and it can only be decided via Trial. So, it is a matter of Trial in which the other party has to satisfy the court with ample evidence.
A court can proceed ex- parte or can issue Non- bailable Warrant against the Director as per the situation and pleading by the other party in the case.
To declare a company as fictitious legal entity a court has to consider the facts and evidences in the case and it can only be decided via Trial. So, it is a matter of Trial in which the other party has to satisfy the court with ample evidence.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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Sir, company is asked to enter appearance through company's authorized represenative. The company has to authorize someone and execute a board resolution. If no one appears for the company on multiple ocassions then the court can proceed ex parte against the company. Whether the company is fictitious or not can also be verified from ROC records.
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Adv. Rohan Garg
Delhi | 25+ Answers
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First of all let me just tell you Prevention of Food Adulteration Act comes under strict liability principal that means the person cannot take the defence of 'no knowledge' that a commudity is spurious. Since Company is a separate legal entity it cannot be imprisoned but it can certainly be fined. The persons who are incharge and engaged in day to day affairs of the company will represent the company. Rest we can discuss when i will get full facts of the case.
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