Search Results for "Vicarious liability"

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Search Results for "Vicarious liability"

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High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Non-Executive Directors in Cheque Dishonour Case — Mere Designation as Director Insufficient for Vicarious Liability Under Section 141 NI Act. The Court held that non-executive directors cannot be prosecuted under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 without specific allegations of their involvement in the company's financial affairs.

4 Mar 2025

The Supreme Court allowed the appeals filed by K.S. Mehta and Basant Kumar Goswami, non-executive directors of M/s Blue Coast Hotels & Resorts Ltd...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

High Court

High Court of Bombay at Goa Dismisses Petition by Company and Directors Challenging Criminal Complaint Under Section 135-B of Representation of the People Act, 1951 for Failure to Grant Paid Holiday on Election Days. Section 135-B Creates Vicarious Liability on Directors of a Company for Offence of Denying Paid Holiday to Employees on Poll Day.

12 Mar 2019

The petitioners, M/s M.R.F. Limited (a company) and three of its directors, filed a criminal writ petition under Section 482 of the Code of Criminal P...

High Court

Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

29 Jan 2016

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

High Court

Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Section 141 NI Act requires specific averment that the director was in charge of and responsible for the conduct of business at the time of offence.

14 Aug 2015

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

High Court

Bombay High Court Allows Director's Application to Quash Process in Cheque Dishonour Case Due to Lack of Specific Allegations Under Section 141 NI Act. Director Cannot Be Held Vicariously Liable Without Averment of Being in Charge of Business Conduct.

14 Aug 2015

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

High Court

Bombay High Court Quashes Proceedings Against Director in Cheque Dishonour Case for Lack of Specific Allegations. Resignation Prior to Cheque Issuance and Absence of Specific Averments Under Section 141 NI Act Lead to Quashing Under Section 482 CrPC.

14 Aug 2015

The applicant, Vijay Khairatilal Bhatia, was accused No. 5 in a criminal complaint filed by Bhagirath Chandulal Arya (respondent No. 1) under Section ...

High Court

Bombay High Court Quashes Proceedings Against Director in Cheque Dishonour Case for Lack of Specific Allegations. Applicant Director Not Involved in Day-to-Day Affairs of Company, No Vicarious Liability Under Section 141 NI Act.

14 Aug 2015

The applicant, Vijay Khairatilal Bhatia, was accused No. 5 in a criminal complaint filed by respondent No. 1, Ashwin Ramesh Mittal, under Section 138 ...

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