Search Results for "vicarious liability"

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Bombay High Court Quashes BPCL Circular Imposing Refill Ceiling Limits on LPG Distributors as Unilateral and Arbitrary. Distributorship Agreements Without Ceiling Limits Cannot Be Varied Unilaterally by Issuing Circulars.

The petitioners, seven LPG distributors of Bharat Petroleum Corporation Limited (BPCL), challenged a circular dated 4 January 2018 and a subsequent co...

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Bombay High Court Acquits Six Accused in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 302, 307, 147, 148, 149 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case pertains to a criminal appeal filed by six appellants against their conviction and sentence by the Additional Sessions Judge, Nandurbar, for ...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

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Bombay High Court Upholds Condition of Deposit of 25% Compensation for Suspension of Sentence in Cheque Bounce Cases. Section 148 of Negotiable Instruments Act, 1881 is procedural and applies to pending appeals; condition does not violate Article 21.

The petitioner, Ajay Vinodchandra Shah, was convicted in three separate cases under Section 138 of the Negotiable Instruments Act, 1881 for cheque bou...

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Bombay High Court Awards Compensation for Custodial Death in Jail Lockup Shooting by Constable. State Held Vicariously Liable for Acts of Employee Under Article 21 of Constitution of India.

The petitioner, Kewalbai, mother of Sandeep, filed a Criminal Writ Petition seeking compensation of Rs. 10,00,000/- for the custodial death of her son...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence Established by Criminal Proceedings — Tribunal Erred in Dismissing Claim on Ground of Non-Examination of Eye Witnesses.

The present appeal arises from the dismissal of a claim petition under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribun...

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Bombay High Court Allows Writ Petition for Compensation in Medical Negligence Case — State and Doctors Held Liable for Death Due to Negligent Sterilization Operation. Failure to Provide Adequate Post-Operative Care Amounts to Violation of Right to Health Under Article 21 of the Constitution.

The petitioners, Prabhabai and her husband Gullu @ Fulsingh Ragade, residents of Amgaon, Gondia, filed a writ petition seeking compensation for the de...