Section 26. Offences by companies
(1) Where any offence, punishable under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence punishable under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) 'company" means any body corporate and includes a firm or other association of individuals, and
(b) "director", in relation to a firm, means a partner in the firm.
Judgements applying section 26
Anticipatory bail sought by an ultrasound centre operator booked under PC & PNDT Act after inspections found centres non-compliant. Noting the licence was already suspended and clean antecedents, the High Court granted anticipatory bail with standard Section 438(2) CrPC conditions.
AllowedOpenPetitioners running ultrasound centres apprehended arrest in a complaint case under the PC & PNDT Act alleging non-compliance with rules and absence of doctors during inspection. Granting bail to similarly situated co-accused, the court allowed anticipatory bail subject to conditions.
AllowedOpenThe High Court set aside orders dismissing the petitioner's application for release of a seized ultrasonography machine. The court directed the return of the machine upon the petitioner furnishing an affidavit undertaking to lease or sell it only to registered centers under the PC&PNDT Act and not to use it until…
K. Jitender Reddy, Hyd and 2 Othrs Vs District Medical and Health Officer, Sec-Bad and Anr.
Outcome: AllowedThe High Court allowed criminal petitions filed under Section 482 CrPC seeking quashing of proceedings under the PNDT Act. The court held that criminal proceedings cannot be initiated without a proper investigation by the Appropriate Authority and without prima-facie proof against the accused employees.
AllowedOpenCOURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) CRM No.M-43379 of 2014 (O&M) Vijay Dandeva ...Petitioner VERSUS State of Haryana and another ...Respondents (ii) CRM No.M-20123 of 2015 (O&M) Vijay Dandeva ...Petitioner VERSUS State of Haryana
DismissedOpenCase :- CRIMINAL MISC. WRIT PETITION No. - 35011 of 2018 Petitioner :- Subhash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Narain Rai,Sandeep Kumar Rai Counsel for Respondent :- G.A. Hon'ble Naheed Ara Moonis,J.
DismissedOpen
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PC-PNDT Act 1994 Section 22; prohibition of online advertisements relating to pre-conception and pre-natal sex determination/sex selection; Google India, Yahoo! India, Microsoft Corporation (I) Pvt. Ltd.; auto-block; key words; Nodal Agency; Expert Committee; In-House Expert Body; Article 32 writ petition;
DisposedOpenCOURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4848 OF 2014 Dr. Swati Abaso Gaikwad ...Petitioner Versus Dr. Vaishali Jadhav, Assistant MOH (Licences) And Appropriate Authority PCPNDT Pune Municipal
DisposedOpen1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 925 OF 2013 Dr. Anjali Pradeep Huse (Dhakne) ....Petitioner. Versus The State of Maharashtra & Anr. ....Respondents. Mr. S.S. Jadhavar, Advocate fo
DisposedOpenCOURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.627 OF 2013 Smt. Zaheda w/o Jahur Sayyed, Age41 years, Occu:President of Mundadatai Charitable Trust Sanchalit Faijan Multi Speciality Hospital, Kaij, DistBeed. .
DisposedOpen