Search Results for "vicarious liability"

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Search Results for "vicarious liability"

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High Court

Bombay High Court Allows Claimants' Appeal in Railway Accident Case, Enhances Compensation for Death of Anil Jindal. Negligence of Railway Administration Established as Train Hit Deceased at Unmanned Level Crossing Without Warning.

9 Jul 2026

The case arises from a railway accident at an unmanned level crossing in Jalna, where a train hit a vehicle driven by Anil Jindal, resulting in his de...

High Court

High Court of Karnataka Quashes Complaint in Dishonour of Cheque Case Due to Lack of Proper Service of Demand Notice. Section 138 of Negotiable Instruments Act, 1881 requires that demand notice be served on the drawer within 30 days of dishonour; failure to prove service renders complaint not maintainable.

8 Nov 2024

The petitioners, Jai Agarwal and Anjana Agarwal, filed criminal petitions under Section 482 of the Code of Criminal Procedure, 1973 (read with Section...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Purely Civil Nature of Dispute — Non-Payment of Dues Does Not Attract Criminal Breach of Trust Under Section 406 IPC.

3 Sep 2024

The Supreme Court allowed the appeal filed by Delhi Race Club (1940) Ltd. and its office bearers against the order of the Allahabad High Court which h...

High Court

Bombay High Court Quashes Assessment Orders Against Former Directors in GST Case — Personal Liability Cannot Be Imposed Without Shedding Corporate Veil. Directors Who Resigned Prior to Tax Period Cannot Be Held Liable for Company's Tax Dues Under MGST Act, BST Act, and CST Act Without Lifting Corporate Veil.

22 Aug 2022

The petitioners, Mukesh D. Ramani, Satish D. Sanghavi, and Prakash D. Sanghavi, were former directors of Twin City Organics Pvt. Ltd. They filed writ ...

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...

Supreme Court

Supreme Court Upholds Conviction of Accused in Culpable Homicide Case Under Section 304 Part I IPC, Rejects Enhancement to Murder. The court affirmed that the offense fell under Exception 4 to Section 300 IPC due to a sudden fight without premeditation, and Section 34 IPC applied to co-accused based on instigation, not mere presence.

7 Jan 2022

The dispute involved appeals against convictions under Section 304 Part I of the Indian Penal Code (IPC) with life sentences. Accused 3 and 4 appealed...

Supreme Court

Supreme Court Quashes Penalty on Part-Time Director in FERA Contravention Case Due to Lack of Specific Findings on Responsibility. Liability Under Foreign Exchange Regulation Act, 1973 Requires Proof That Director Was in Charge of and Responsible for Conduct of Business at Relevant Time, Not Mere Directorship.

27 Jul 2020

The appeal arose from a penalty imposed on the appellant, a part-time non-executive director of Modi Xerox Ltd., for alleged contravention of the Fore...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Bounce Case for Lack of Specific Allegations of Vicarious Liability. Complaint under Section 138 r/w 141 of Negotiable Instruments Act, 1881 fails to aver that directors were in charge of and responsible for conduct of business at the time of offence.

23 Sep 2019

The applicants, Kulwant Chauhan and Upneet Chauhan, were directors of a company that issued cheques to Transasia BioMedicals Ltd. The cheques were dis...

High Court

Bombay High Court Quashes Criminal Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Evidence of Their Involvement in Issuance of Cheque or Conduct of Business.

16 Dec 2016

The applicants, who were directors of M/s. Morarjee Textiles Limited, filed an application under Section 482 of the Code of Criminal Procedure, 1973 s...

High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

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