Search Results for "vicarious liability"

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Search Results for "vicarious liability"

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High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified.

12 Jan 2026

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Poli...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Director in Minimum Wages Act Case Due to Lack of Vicarious Liability. Complaint Failed to Establish Director Was In-Charge of Company's Business Under Section 22C of Minimum Wages Act, 1948, Making Prosecution Unmaintainable.

29 Oct 2021

The dispute arose from a criminal complaint filed against Dayle De'Souza, a director of Writer Safeguard Pvt. Ltd., alleging violations of the Minimum...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case for Lack of Specific Allegations. Vicarious Liability Under Section 141 of Negotiable Instruments Act Requires Specific Averments of Role in Company Affairs.

14 Aug 2015

The case involves a criminal complaint filed by respondent No. 1 (complainant) under Section 138 read with Section 141 of the Negotiable Instruments A...

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

High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Director Not Involved in Day-to-Day Affairs of Company Cannot Be Prosecuted Under Section 138 r/w 141 of Negotiable Instruments Act, 1881 Without Averments of Role and Responsibility.

14 Aug 2015

The applicant, Gaurav Vijay Bhatia, was accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Section 138 rea...

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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