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      Question

      What are the factor to be taken into consideration for

      determining the level of punishment while deciding the amount of fine or imprisonment under the Companies Act?
      A Size of the company Correct Answer Incorrect Answer
      B Injury to public interest Correct Answer Incorrect Answer
      C Nature of the default Correct Answer Incorrect Answer
      D All the above Correct Answer Incorrect Answer
      E Both (a) & (c) Correct Answer Incorrect Answer

      Solution

      Section 446. Application of fines- 446A. Factors for determining level of punishmentThe court or the Special Court, while deciding the amount of fine or imprisonment under this Act, shall have due regard to the following factors, namely: — (a) size of the company; (b) nature of business carried on by the company; (c) injury to public interest; (d) nature of the default; and (e) repetition of the default.

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