Search Results for "vicarious liability"

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Search Results for "vicarious liability"

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High Court

Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Day-to-Day Operations Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations.

13 Sep 2019

The petitioners, who were directors of Shri Sainath Nagri Sahakari Path Sanstha Ltd. (a cooperative bank), filed a writ petition under Article 226 of ...

High Court

Bombay High Court Quashes Process Against Director in Cheating Case for Lack of Vicarious Liability. Petitioner Joined Company After Alleged Misrepresentation, No Specific Overt Act Alleged.

3 Sep 2019

The petitioner, Harshavardhan Madhav Chitale, was accused No.3 in a complaint filed by Respondent No.2, Micromate Computers, before the Chief Judicial...

High Court

Bombay High Court Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Vicarious Liability. Proprietor of Firm Not Liable for Cheque Issued by Another Proprietorship Without Specific Allegation of Role in Day-to-Day Affairs Under Section 138 of Negotiable Instruments Act, 1881.

16 Aug 2019

The case involves two criminal writ petitions filed by Mahesh Pralhad Salunke and Dhananjay Pralhad Salunke challenging an order dated 5 February 2019...

High Court

Bombay High Court Quashes Defamation Proceedings Against Dentist for Facebook Post by Husband — No Vicarious Liability for Spouse's Independent Act. The court held that in the absence of specific allegations of involvement or abetment, a spouse cannot be held vicariously liable for defamation under Section 500 read with Section 34 IPC for a Facebook post made by the other spouse.

16 Aug 2019

The applicant, Dr. Perola Menon, was the original accused No.2 in a criminal complaint filed by Dr. Cawsi Naterwalla, a partner of M/s. Status Enterpr...

High Court

Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

22 Oct 2013

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...

High Court

Bombay High Court Allows Director's Petition to Drop Proceedings in Food Adulteration Case — Nominee Already Declared Under Section 17 of Prevention of Food Adulteration Act, 1954. Director Cannot Be Prosecuted When Company Has Nominated a Person Responsible for Conduct of Business.

19 Jun 2013

The petitioner, Afzal Abdul Khalek Ahmed, a director of M/s Recon Oil Industries Ltd., filed a criminal writ petition challenging an order dated 9th M...

High Court

Bombay High Court Quashes Criminal Proceedings Against Bank Officials in Security Guard Board Complaint — Lack of Sanction Under Section 197 CrPC. Prosecution for alleged cheating and criminal breach of trust by bank officials in relation to security guard services fails as prior sanction for acts done in official capacity was not obtained.

16 Apr 2013

The petitioners, officers of Bank of Baroda (a nationalized bank), were facing criminal proceedings initiated by the Security Guard Board for Greater ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors and Compliance Officer in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not Liable Without Specific Allegations of Their Role in the Offence Under Sections 405, 406, 415, 120-B IPC.

30 Mar 2012

The judgment pertains to two criminal writ petitions filed by the accused persons in a private complaint lodged by Sudhakar Talapurkar (respondent No....

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Prima Facie Case Against Family Members. Court holds that mere relationship with the drawer of a cheque does not attract vicarious liability under Section 138 of the Negotiable Instruments Act, 1881 without specific allegations of involvement in the transaction.

11 Aug 2011

The petitioners, 22 individuals who are family members of the drawer of a dishonoured cheque, filed a criminal writ petition under Article 226 of the ...

High Court

Bombay High Court Quashes FIR Against Directors in Dishonour of Cheque Case Due to Lack of Specific Allegations — Vicarious Liability Not Attracted Without Clear Role in Day-to-Day Affairs. The court held that under Section 138 of the Negotiable Instruments Act, 1881, directors cannot be held vicariously liable unless the complaint contains specific averments that they were in charge of and responsible for the conduct of the business of the company.

30 Nov -0001

The judgment pertains to two criminal writ petitions filed by directors of a company against whom an FIR was lodged under Section 138 of the Negotiabl...

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