A company breaches an undertaking it gave to a High Court. Mr. Ajay Bhatt, the person in charge of its…
Section 12(4) deems the company and every person in charge of and responsible for its business guilty of contempt of an undertaking. Its proviso, however, says such a person…
Choose your answer
A company breaches an undertaking it gave to a High Court. Mr. Ajay Bhatt, the person in charge of its business at the time, proves that the breach was committed without his knowledge and that he exercised all due diligence to prevent it. Under section 12(4) of the Contempt of Courts Act, 1971
Answer and explanation
Correct answer B
Section 12(4) deems the company and every person in charge of and responsible for its business guilty of contempt of an undertaking. Its proviso, however, says such a person is not liable if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent it. So "he is not liable to punishment for the contempt".
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUET PG Law (LL.M.)
Subject revision