FERA Offence Liability depends on Role in Company Affairs & Not on Mere Designation or Status


Last updated: 28 November 2022

Court :
Supreme Court of India

Brief :
It was held by the Apex Court proceedings against a director of the company in contraventions of provisions of FERA,1973 will be commenced based on the finding that the role of the said directors at the time when offence had committed. The director was incharge of and responsible for conduct of business of the company. The liability to be proceeded with for offence of the company under FERA,1973 depends upon the role the said directors has played at the time of offence and not mere what designation he has.

Citation :
Shailendra Swarup v. The Deputy Director, Enforcement

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