Search Results for "Directors liability"

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Search Results for "Directors liability"

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High Court

High Court of Karnataka Sets Aside Discharge of Managing Director in TDS Non-Remittance Case — Prima Facie Case Made Out Under Section 276B of Income Tax Act, 1961. The Court held that the Trial Court erred in discharging the accused without considering the complaint allegations and documents showing his role as principal officer.

3 Feb 2025

The Income Tax Department filed a complaint under Section 200 of Cr.P.C. alleging that accused No.1 (Company) and other accused, including the respond...

High Court

Bombay High Court Quashes Process Against Directors in NI Act Case Due to Lack of Specific Averments of Vicarious Liability. The court held that mere designation as a director is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881, and the complaint must contain specific averments that the director was in charge of and responsible for the conduct of the business.

19 Aug 2022

The case involves an application under Section 482 of the Code of Criminal Procedure, 1973, filed by Anil Kumar Singhal and Meenu Maheshwari, director...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881.

19 Aug 2022

The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent...

High Court

Bombay High Court Quashes Penalty Orders Against Deceased Director in Foreign Trade Act Case — Resignation Prior to Violations Absolves Liability. Petitioner's husband, a former independent director who resigned in 1999, cannot be penalized for company's export obligation defaults occurring years later under Section 11(2) of Foreign Trade (Development and Regulation) Act, 1992.

8 Jul 2022

The petitioner, Meena Anand Suryadutt Bhatt, is the wife of late Shri Anand S. Bhatt, a practicing advocate and partner at M/s. Wadia Ghandy & Co. Mr....

Supreme Court

Supreme Court Quashes Summons Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments Under Section 141 NI Act. Complaint under Section 138 of Negotiable Instruments Act, 1881 failed to allege that directors were in charge of and responsible for company's business at time of offence, making vicarious liability unsustainable and proceedings an abuse of process.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions against a common High Court judgment that dismissed petitions u...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

9 Jul 2019

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

High Court

High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

20 Jul 2017

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

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 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 Quashes Criminal Complaint Against Directors for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Official Capacity, Making Sanction Mandatory Before Prosecution.

23 Apr 2010

The applicants, Mr. Arvind Navinchandra Mafatlal and Mr. Hrishkesh Arvind Mafatlal, filed a criminal application under Section 482 of the Criminal Pro...

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