Search Results for "vicarious liability"

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Search Results for "vicarious liability"

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High Court

Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

12 Aug 2024

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

High Court

Bombay High Court Quashes Process Against Managing Director in Legal Metrology Case for Lack of Specific Allegations. Failure to Disclose Role in Offence Under Section 36(1) of Legal Metrology Act, 2009 Renders Process Invalid.

8 Jun 2023

The applicant, Mr. Gautam Hari Singhania, the Chairman and Managing Director of Raymond Limited, filed a criminal application under Section 482 of the...

High Court

Bombay High Court Dismisses Application Challenging Amendment in Cheque Dishonour Case. Amendment to Add Vicarious Liability Pleadings Under Section 138 of Negotiable Instruments Act, 1881 Held Permissible as It Does Not Change Nature of Complaint or Cause Prejudice.

28 Apr 2023

The case arises from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 by the original complainant Syed Mazaruddin (since de...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averment of Their Responsibility at Time of Cheque Issuance.

23 Feb 2023

The applicants, Mukund Ajay Kumar Choudhary, Kapil Ajay Kumar Choudhary, and Ajay Kumar Choudhary, were directors of CLC Industries Ltd., the accused ...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averments of Being in Charge of and Responsible for Conduct of Business at Time of Offence.

23 Feb 2023

The case involves an application under Section 482 of the Code of Criminal Procedure, 1973 filed by three directors (applicants) of CLC Industries Ltd...

Supreme Court

Supreme Court Dismisses Complainant's Appeals in Criminal Summoning Case Due to Lack of Specific Allegations. Sessions Court and High Court Correctly Quashed Summons Against Company Executives as Prima Facie Case Not Made Out Under Sections 427, 447, 506, and 120B read with Section 34 IPC.

27 Sep 2021

The dispute arose from a private complaint filed by the original complainant against thirteen accused, including companies and their executives, for o...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice and Absence of Averments Regarding Debt Legally Enforceable. The court held that the complainant failed to establish the existence of a legally enforceable debt and that the demand notice was not served in accordance with Section 138 of the Negotiable Instruments Act, 1881.

26 Apr 2021

The judgment involves multiple criminal writ petitions filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Pr...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. The court held that under Section 141 of the Negotiable Instruments Act, 1881, directors cannot be held liable without specific allegations that they were in charge of and responsible for the conduct of business of the company.

10 Jan 2019

The petitioners, Rakesh P. Gupta and Shishir Prabhakar Dharkar, were directors of a private limited company accused in two separate complaints under S...

High Court

High Court of Karnataka Quashes Complaint Against Directors in Dishonour of Cheque Case — No Vicarious Liability Without Specific Averments. Complaint under Section 138 of Negotiable Instruments Act, 1881 quashed as petitioners were not signatories to the cheque and complaint lacked specific allegations of their role in day-to-day affairs.

8 Jan 2019

The petitioners, Shaju K. Nair and Riya Nair, were directors of M/s. Clariya Marketing Services Private Limited. The respondent, M/s. S.L.V. Steels & ...

High Court

High Court of Judicature at Bombay Allows Directors' Application to Quash Criminal Complaint in Food Adulteration Case — Lack of Specific Allegations Against Directors. Vicarious Liability Under Section 17 of Prevention of Food Adulteration Act, 1954 Requires Specific Averments of Being in Charge of Business.

11 Dec 2017

The applicants, six directors of M/s Ruchi Soya Industries Ltd., filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeki...

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