Supreme Court of India

Standard Chartered Bank and Ors. Etc. v. Directorate of Enforcement and Ors. Etc.

Neutral citation

Reported as [2005] SUPP. 1 S.C.R. 49

Bench N. Santosh Hegde, K.G. Balakrishnan, D.M. B Dharmadhikari, Arun Kumar and B.N. Srikrishna JJ.

Decided 5 May 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that there is no immunity to the companies from prosecution merely because the prosecution is in respect of offences for which the punishment prescribed is mandatory imprisonment.

Judgment, page 25

From the headnote

Company Laws: Corporate criminal liability-Offence by Company or Corporate body- Punishable with mandatory sentence of imprisonment coupled with fine Prosecution under-Held: When statute provides for imprisonment and fine for offence by Company, even though Company being juristic person cannot be sentenced to imprisonment, Court can impose punishment of fine-Company is not immuned from any prosecution for serious offence-Such discretion can be read into statute-Foreign Exchange Regulation Act, I 97 3-Section 56(1 )(i). Doctrine of impossibility of performance-Maxim-Lex non cogit ad

Authorities it was built on

2003 The Assistant Commissioner, Assessment-ii, Bangalore and Ors. v. M/s. Velliappa Textiles Ltd. and Ors. cited by 7
1965 Bhimaji Shanker Kulkarni v. Dundappa Vithappa Udapudi and Anr. cited by 6
1965 State of Maharashtra v. Jugamander Lal cited by 1

Where later benches applied it

2022 State of Himachal Pradesh v. Nirmal Kaur @ Nimmo and Others relied on
2020 Tofan Singh v. State of Tamil Nadu relied on
2020 Indore Development Authority v. Manoharlal & Ors. Etc. relied on
2018 Indore Development Authority v. Shailendra (dead) through Lrs. & Ors. relied on
2012 Aneeta Hada v. M/s. Godfather Travels & Tours Pvt. Ltd. relied on
2015 Rajinder Singh v. State of Punjab followed
2024 Fuleshwar Gope v. Union of India & Ors. referred to
2015 Sunil Bharti Mittal v. Central Bureau of Investigation referred to
2013 M/s. Ghcl Employees Stock Option Trust v. M/s India Infoline Limited mentioned

Of those, 5 relied on · 1 followed · 2 referred to · 1 mentioned

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