Search Results for "vicarious liability"

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Search Results for "vicarious liability"

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High Court

Gujarat High Court Allows Revision Application, Discharges Directors in Criminal Breach of Trust Case Due to Lack of Vicarious Liability. Held that directors cannot be held vicariously liable for offences under Sections 405 and 406 IPC committed by the company without specific allegations of their involvement.

23 Mar 2026

The applicants, Darpankumar Jitendrabhai Shah and another, filed a criminal revision application under Sections 397 and 401 of the Code of Criminal Pr...

Supreme Court

Supreme Court Allows Dealer's Appeal in Motor Accident Claim — Dealer Not Liable as Owner Under Motor Vehicles Act, 1988. Dealership Agreement Cannot Shift Statutory Liability of Manufacturer for Third-Party Compensation.

20 Sep 2024

The Supreme Court allowed the appeal filed by Vaibhav Jain, the proprietor of M/s Vaibhav Motors, a dealer of Hindustan Motors Pvt. Ltd. The case aros...

High Court

Bombay High Court Quashes Process Against Directors in Food Safety Act Case — Lack of Vicarious Liability. Directors cannot be held liable under the Food Safety and Standards Act, 2006 without specific averments of their role in the offence.

5 Mar 2024

The petitioners, including a company and its erstwhile directors, challenged an order of the Additional Sessions Judge, Sangli, which dismissed their ...

High Court

Bombay High Court Allows Amendment in Cheque Dishonour Complaint Under Section 138 NI Act — Amendment Sought to Correct Date of Cheque Presentation Does Not Change Nature of Complaint. The court upheld the Magistrate's order allowing amendment to correct typographical error in date of cheque presentation, holding that no prejudice was caused to the accused.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

Bombay High Court Quashes Amendment Order in Cheque Dishonour Case — Amendment After Cognizance and Process Not Permissible. Allowing amendment to introduce new facts after cognizance and issuance of process would cause prejudice to accused and is not allowed under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case — Insurance Company Held Liable Despite Bus Being Under Corporation's Control. The Court distinguished earlier precedent and held that under the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation even when the vehicle is under the control of a state transport corporation.

1 Jan 2020

The appeal arose from a motor accident claim where a 45-year-old cyclist was killed after being hit by a bus on 16.08.2001. The bus was owned by a pri...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction and Fine of Rs.1.80 Crore Upheld. Dishonour of Cheque for Rs.90 Lakhs Issued Towards Repayment of Loan — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

13 Sep 2019

The case involves a criminal revision petition filed by the accused (Maxworth Realty India Ltd. and its Chairman & Managing Director K. Kesava) challe...

High Court

High Court of Karnataka Quashes Complaint Against Managing Director and Director in Dishonour of Cheque Case for Lack of Specific Averments. Failure to Allege Role in Day-to-Day Affairs of Company Renders Prosecution Unsustainable Under Section 138 read with Section 141 of Negotiable Instruments Act, 1881.

8 Jan 2019

The petitioners, Shaju K. Nair (Managing Director) and Riya Nair (Director) of M/s. Clariya Marketing Services Private Limited, filed a criminal petit...

High Court

Bombay High Court Quashes Process Against Director in Cheque Dishonour Case Due to Lack of Specific Role in Company Affairs. Petitioner was not in charge of or responsible for conduct of business of the company at the time of offence, essential for vicarious liability under Section 141 of Negotiable Instruments Act, 1881.

17 Mar 2016

The petitioner, Mrs. Lata Pramod Dave, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 227 of the...

Supreme Court

Supreme Court Allows Owner's Appeal in Vicarious Liability Case Due to Lack of Employer Authorization. Unauthorized Driver Taking License Test Not Acting Within Course of Employment Absolves Owner from Liability Under Tort Law.

8 Feb 1966

The dispute arose from a personal injury caused by a motor vehicle accident. The respondent, Santanuprasad Jaishankar Bhatt, was injured when a taxi o...

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