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1951 Supreme(Bom) 73

BHAGWATI, VYAS
Harprasad Ghashiram Gupta – Appellant
Versus
State. – Respondent


Advocates:
M.P. Amin; S.A. Desai and P.P. Khambata, with Pathare and Liladhar for Accused, (in Cri. A. No. 756 of 50; Cri Revn. Applns. Nos. 1425 and 1428 of 1951 with review No. 1486/50); B.D. Boovariwala with B.G. Thakore, Add. Asstt. Govt. Pleader, and N.K. Petigara Public Prosecutor, for the State (in all cases); M.P. Ainin, S.A. Desai and P.P. Khambata with Pathare and Liladhar, for Accused in Cri. Appeal No.796 of 1950 (By Govt.).

Judgement

FACTS :- One Harprasad G. Gupta (accused No. 1) was the manager and one Ardeshir Rustomji Mulian Phiroz (accused No. 2) was the Secretary of the Dhanraj Mills, Ltd. (hereinafter referred to as the mills). They were working under the orders and control of the accused No. 3 Ramgopal Ganpatrai Rula who was the director of the mills, holding 60 per cent. of the shares. A private limited company called Ramgopal Ganpatrai and Sons Ltd. hereinafter referred to as R.G. and Sons, Ltd., was the managing agent of the mills. The selling agency of the mills was with Ramriskhdas Balkison and Sons, Ltd., (hereinafter referred to as R.B. and Sons, Ltd.) In both these companies (R.G. and Sons Ltd. and R.B. and Sons Ltd.) the accused No. 3 and the members of his family held major number of shares. The managing director of both these private limited companies was the accused No. 3. Accused No. 1 was the manager and the accused No. 2 the secretary of the mills and also of these two companies viz., R.G. and Sons Ltd., and R.B. and Sons Ltd. Madhuvachan B. Bhat was the cashier of the mills. Chhotalal H. Oza was the accountant and cashier of R.B. and Sons, Ltd. Of the R.G. and Sons. Ltd., Chunil






























































































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