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Search Results for "vicarious liability"

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High Court

High Court of Karnataka Quashes Defamation Proceedings Against Accused Nos. 3 and 4 in Private Complaint — Lack of Specific Allegations and Vicarious Liability Not Attracted. Criminal proceedings under Sections 499, 500 read with 34 and 120-B IPC quashed as complaint did not disclose any specific role of petitioners in publication of alleged defamatory material.

26 Jul 2024

The petitioners, accused Nos. 3 and 4 in C.C.No.76/2020 pending before the Additional Senior Civil Judge and JMFC, Hangal, filed a petition under Sect...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Owner's Claim Against Self Maintainable Under Contract of Insurance. Insurer Liable to Indemnify Owner for Injuries Sustained While Driving Own Vehicle Under Section 147 of Motor Vehicles Act, 1988.

24 Jul 2023

The present appeal was filed by the appellant-Insurance Company challenging the judgment and award dated 28.09.2011 in MVC No.54/2010 passed by the Se...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in Attempt to Murder Case — Acquittal Upheld Due to Lack of Credible Evidence. Prosecution Failed to Prove Offences Under Sections 307, 324, 326, 504, 506 r/w 34 IPC Beyond Reasonable Doubt.

23 Nov 2022

The State of Karnataka filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal dat...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Legal Metrology Case — Lack of Vicarious Liability. Directors of Colgate Palmolive cannot be prosecuted under Section 36 of Legal Metrology Act, 2009 without specific averments of their role in the offence.

27 Jul 2022

The petitioners, including directors and former directors of Colgate Palmolive (India) Limited, along with a proprietor and a distributor, filed a pet...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour and Fraud Case — Lack of Specific Allegations of Mens Rea. Section 482 CrPC Petition Allowed as Complaint Failed to Disclose Essential Ingredients of Offences Under Sections 406, 420 IPC Against Directors Who Were Not Signatories to Cheques.

2 Mar 2021

The petitioners, Mr. Prateek Jaswant and Mr. Sumeet Prakash, were directors of Compulse Systems Pvt. Ltd. The respondent No.2, NVCF Finance Pvt. Ltd.,...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Rioting and Arson Case — No Prima Facie Case of Section 436 IPC Made Out. Court Held That Mere Presence at Scene Without Active Participation Does Not Attract Vicarious Liability Under Section 149 IPC for Offences Requiring Specific Intent.

2 Jul 2020

The petitioners filed three criminal petitions under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in connectio...

High Court

Karnataka High Court Quashes Proceedings Against Occupier and Manager in Factory Accident Case Due to Lack of Vicarious Liability Allegations. Failure to Allege Specific Role or Knowledge of Contraventions Under Section 37(1) of Factories Act, 1948 Renders Complaint Not Maintainable.

28 Jan 2020

The petitioners, P.P. Upadhya (Director/Occupier) and Konduri Laxminarayan (Manager), sought quashing of proceedings in C.C. No.1220/2012 under Sectio...

High Court

Bombay High Court Quashes Criminal Proceedings Against Company and Directors in Cheque Dishonour Case — Lack of Evidence of Mens Rea and Vicarious Liability. Court holds that mere issuance of cheque by a company employee without authorization or knowledge of directors does not attract Section 138 of Negotiable Instruments Act, 1881 against the company or its directors in absence of specific averments and proof of involvement.

27 Jul 2017

The petitioners, M/s Dream Logistics India Pvt. Ltd. and its directors, filed a criminal writ petition under Articles 226 and 227 of the Constitution ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Sleeping Partner and Employees in Drugs Case for Lack of Specific Allegations. Vicarious Liability Cannot Be Imposed Without Showing That Accused Was In Charge of Business Under Section 34 of Drugs and Cosmetics Act, 1940.

25 Aug 2014

The Bombay High Court dealt with an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case No....

High Court

Bombay High Court Quashes Criminal Proceedings Against MSEB Officials in Cheque Dishonour Case — No Vicarious Liability Without Specific Allegation of Role in Company Affairs. Court held that directors/officers of a company cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, without specific averments that they were in charge of and responsible for the conduct of the business of the company at the time of the offence.

30 Nov -0001

The judgment concerns two criminal applications filed by officers of the Maharashtra State Electricity Board (MSEB) seeking quashing of criminal proce...

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