Tag: Corporate Criminal Liability
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Director and Officer Liability for Dishonour of Cheques
[Posted by Umakanth Varottil] (The following post has been contributed by Avirup Bose. Avirup is an Indian lawyer, who has graduated from NUJS Kolkata and has an LL.M from the Harvard Law School) On July 6, a Division Bench of the Supreme Court passed a judgment in K.K. Ahuja v. V.K. Vora (MANU/SC/1111/2009, per R.V.…
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SFIO: Its Role and Track Record
[Posted by Umakanth Varottil] Although the Serious Fraud Investigation Office (SFIO), set up under the Ministry of Corporate Affairs, has been in existence for over 5 years now, its role has been accentuated owing to the recent turn of events at Satyam Computers. The SFIO has been charged with the task of investigating the fraud…
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Sentences in China’s Sanlu Milk Case
[Posted by Umakanth Varottil] Speaking of corporate crimes, this news report in Caijing states that death sentences have been awarded by an Intermediate Court to three persons and life imprisonment for one in the contaminated milk case. This comes within mere 4 months of the scandal that unfolded in September last year. While criminal punishment…
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Legal and Economic Fallout of Mumbai Attacks
[Posted by Umakanth Varottil] The key question being posed in legal and financial circles relates to the extent of insurance coverage for loss caused by terror attacks, and also the related liability of various state and private actors involved. In a column in Rediff Money, Kumkum Sen highlights possible issues on liabilities, both civil and…
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When Can Directors be Held Responsible for Offences Committed by Their Companies?
[Posted by Umakanth Varottil] (The following post contributed by Gautam Bhatia, a III Year B.A., LL.B (Hons.) student at the National Law School of India University, Bangalore deals with an important, but often controversial, issue of whether directors should be held criminally liable for offences by companies) The case of Maksud Saiyed v. State of…