Article published in ICAI Journal, May 2014

 

(1) the suggestion, as to a fact, of that which is not true by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it; (4) any other act fitted to deceive; and (5) any such act or omission as the law specially declares to be fraudulent.

Curbing of Corporate Frauds under the Companies Act, 2013

Probably the first major corporate scam in Independent India was what is referred to as the Mundhra scam. Hari Das Mundhra, an industrialist and stock speculator, sold fictitious shares to the Life Insurance Corporation of India (LIC) and thereby defrauded the corporate by R1.25 crore in 1957. He was found guilty and was sentenced to imprisonment for 22 years. An initiative has been taken for preventing and curbing corporate frauds by including the concept of fraud and provisions for stringent punishment under the Companies Act, 2013.

 

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