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 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 Upholds Penalty for FERA Violation in Foreign Exchange Remittance Case. Directors and Company Held Liable for Making Payment to Non-Resident Without RBI Permission Under Section 9(1)(a) and 9(1)(d) of Foreign Exchange Regulation Act, 1973.

31 Jul 2006

The case involves three appeals filed by Associated Capsules Private Limited and its two directors, Jasjit Singh and Ajit Singh, against an order of t...

High Court

Bombay High Court Acquits 43 Accused in Murder Case Due to Unlawful Assembly and Common Objection Not Proved Beyond Reasonable Doubt. Conviction under Sections 302, 307, 147, 148, 149 IPC Set Aside as Evidence of Individual Acts Lacking.

30 Nov -0001

The case involves multiple criminal appeals filed by 43 accused persons who were convicted by the trial court for offences including murder, attempt t...

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. ...

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