Search Results for "vicarious liability"

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Supreme Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case. High Court's reversal of Tribunal's contributory negligence finding upheld based on unreliable evidence from truck driver and investigating officer, fixing entire liability on truck under Motor Vehicles Act, 1988.

The dispute arose from a fatal motor accident involving a truck and a motorcycle, resulting in the death of the bike rider. The deceased's wife and mo...

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Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Contradictions in Prosecution Version. Conviction Under Sections 148, 302/149 and 324/149 Indian Penal Code, 1860 Set Aside as Dying Declaration Was Unreliable and Witness Testimony Contradictory.

The Supreme Court considered an appeal challenging the conviction and life imprisonment sentence imposed on the appellants for murder under Sections 1...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Dismisses Petition Challenging FEMA Show Cause Notices Against BCCI President. Section 42 of FEMA applies to persons in charge of and responsible for the conduct of business of a company, and the petitioner as President is covered.

The petitioner, Shashank Vyankatesh Manohar, was the President of the Board of Control for Cricket in India (BCCI) from 2008 to 2011. During this peri...

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Bombay High Court Quashes Criminal Proceedings Against Company and Director in Cheque Dishonour Case Due to Lack of Vicarious Liability. Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role and Responsibility of Directors at the Time of Offence.

The petitioners, Western Projects Limited (a company) and Dinesh Singh Mehta (a director), were original accused Nos. 13 and 14 in Criminal Case No. 4...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 read with 149 IPC Set Aside as Prosecution Failed to Establish Unlawful Assembly and Common Object.

The case involves multiple appeals against conviction by the Additional Sessions Judge, Greater Mumbai, in Sessions Case No. 400 of 2004. The appellan...