Search Results for "vicarious liability"

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High Court of Karnataka Quashes Proceedings Against Partner in Cheque Dishonour Case Due to Lack of Specific Allegations. Section 138 NI Act complaint fails to attribute any role to the partner in the issuance of the cheque.

The petitioner, Smt. K. Surekha, was a partner of a firm. The respondent, A. Santosh Kumar, filed a private complaint under Section 138 of the Negotia...

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Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Non-Compliance of Section 138 Notice Requirements. Notice sent to Director at residential address not shown as registered office or known address under Section 138 NI Act, 1881.

The applicant, Shehzad Valimohammad Merchant, was a director of Landmark Real Estate Developers Limited. The company entered into a Memorandum of Unde...

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Bombay High Court Quashes Complaint in NI Act Case for Lack of Vicarious Liability — Petitioner Not a Director or Signatory. Section 141 of Negotiable Instruments Act, 1881 requires specific averments of role and consent for vicarious liability of company officers.

The petitioner, Sidharth Chauhan, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal P...

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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor.

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988...

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Bombay High Court Awards Compensation for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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Bombay High Court Quashes Criminal Case Against Directors and Company in Food Adulteration Matter Due to Lack of Vicarious Liability. Failure to Show That Accused Were In Charge of and Responsible for Business Conduct at Time of Offence Under Prevention of Food Adulteration Act, 1954.

The applicants, who were directors and a company (Marico Industries Ltd.), filed an application under Section 482 of the Code of Criminal Procedure, 1...

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Supreme Court Upholds Conviction of Accused in Murder Case Under Section 302 IPC Despite Omission of Section 34 in Charge; Common Intention Established from Joint Attack and Preconcert. Conviction Under Section 302/34 Permissible When Accused Had Notice of Collective Liability and No Prejudice Shown.

The Supreme Court of India adjudicated a criminal appeal arising from the conviction of three appellants under Section 302 of the Indian Penal Code, 1...