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Supreme Court of India 2016-01-21 allowed

Dhiren Dave vs Surat Dyes & Ors

Bench: 2 — Kurian

In Brief

Dhiren Dave, a Company Secretary, appealed against an order directing his prosecution for contempt of court and violations of the Criminal Procedure Code and Company Secretaries Act, stemming from his filing of a false affidavit in a review petition. During the Supreme Court hearing, Dave tendered an unconditional apology, admitting the unwitting mistake. The Court accepted the apology and allowed the appeal, setting aside all three proposed actions (contempt proceedings, CrPC Section 195 proceedings, and Company Secretaries Act Section 21 action), finding it unjust to permit such related proceedings to continue once the contempt charge was dropped through accepted apology.

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Contempt of Court Criminal Procedure Professional Conduct Company Secretaries Act

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