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Search Results for "vicarious liability"

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High Court

Bombay High Court Quashes Criminal Proceedings Against Partnership Firm in Cheque Dishonour Case Due to Lack of Vicarious Liability. Employee's Misappropriation of Cheque Without Firm's Knowledge Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

4 Jul 2019

The petitioner, Guma Tech Marine Services, a registered partnership firm, filed a criminal writ petition under Article 226 of the Constitution of Indi...

High Court

Bombay High Court Quashes Process Under Section 127 of Companies Act for Non-Payment of Dividend Due to Pending Dispute Between Shareholder Groups. The court held that the defence under section 127(c) of the Companies Act, 2013, which allows non-payment if there is a dispute regarding the right to receive the dividend, must be considered before issuing process.

22 Apr 2019

The case involves three criminal applications filed by the directors of Man Industries (India) Limited (MIIL) seeking quashing of notices and process ...

High Court

Bombay High Court Allows Appeal by Claimant in Motor Accident Claim Case Due to Negligence of Tractor Driver and Vicarious Liability of Owner. The court set aside the Tribunal's order and awarded compensation for the death of two labourers.

10 Oct 2013

The case involves two appeals arising from a motor accident claim. The claimant, Fimidabee, owned agricultural land and engaged a tractor for digging ...

High Court

Bombay High Court Dismisses Application for Perjury Proceedings in Civil Suit Dispute. Alleged False Affidavit and Fabricated Documents Not Material to Main Issue, No Prima Facie Case Under Section 340 CrPC.

30 Oct 2012

The present civil application was filed by CTR Manufacturing Industries Limited (the applicant) in a disposed of appeal from order arising out of Spec...

High Court

Bombay High Court at Goa Quashes Summoning of Directors Under Section 319 CrPC in Cheque Dishonour Case. Directors Cannot Be Summoned Under Section 141 NI Act Without Specific Allegations of Their Role in Company Affairs.

22 Oct 2012

The case involves three criminal writ petitions filed by directors of a company challenging the order of the Judicial Magistrate First Class, Margao, ...

High Court

Bombay High Court Allows Petition to Quash Complaint Against Former Technical Advisor in Cheque Dishonour Case. Petitioner Not a Director or Incharge of Company Affairs at Time of Cheque Issuance, Hence Not Vicariously Liable Under Section 138/141 of Negotiable Instruments Act, 1881.

16 Oct 2012

The petitioner, M.M. Pangarkar, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of complaint S...

High Court

Bombay High Court Allows Quashing of Prosecution Against Former Directors in Cheque Dishonour Case — Resignation Prior to Cheque Issuance Establishes Lack of Vicarious Liability. Directors who resigned six years before cheque issuance cannot be held liable under Section 138 of Negotiable Instruments Act, 1881 as they were not in charge of or responsible for the company's conduct at the relevant time.

1 Aug 2012

The applicants, Ajay Krishnakant Parikh and another, were accused nos. 4 and 5 in a complaint under Section 138 of the Negotiable Instruments Act, 188...

High Court

Bombay High Court Acquits Accused in Attempt to Murder and Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 307, 397 IPC set aside as sole eyewitness testimony was inconsistent and not supported by medical or other evidence.

6 Feb 2012

The appellant, Anil Lilachand Sarjare, was convicted by the Sessions Judge, Nagpur in Sessions Trial No.132/2007 for offences under Sections 307 read ...

High Court

Bombay High Court Acquits 18 Accused in Murder Case Due to Unlawful Assembly and Common Object Not Proved — State Appeals Dismissed. Conviction under Sections 302, 307, 143, 147, 148, 149, 324, 326, 427, 504, 506 IPC set aside as prosecution failed to establish common object and individual overt acts.

30 Nov -0001

The judgment pertains to three connected criminal appeals arising from a single incident of murder and rioting. The appellants (original accused nos. ...

High Court

Bombay High Court Quashes FIR Against Directors of Housing Society in Cheque Dishonour Case — No Vicarious Liability Without Specific Role in Day-to-Day Affairs. Directors of a cooperative housing society cannot be held vicariously liable under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheques issued by the society unless they are shown to be in charge of and responsible for the conduct of the business of the society at the time of the offence.

30 Nov -0001

The petitioners, who were Directors of a cooperative housing society, filed a writ petition under Article 226 of the Constitution of India read with S...

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