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 Directors in Food Adulteration Case — Lack of Vicarious Liability Under Section 10 of Prevention of Food Adulteration Act, 1954. Directors Not In Charge of Day-to-Day Business at Relevant Time Cannot Be Prosecuted Without Specific Allegations of Consent or Neglect.

30 Nov -0001

The judgment pertains to two criminal writ petitions filed by directors and a company against criminal proceedings initiated under the Prevention of F...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings Under Negotiable Instruments Act, 1881. High Court Erred in Adopting Hypertechnical Approach to Complaint Averments Under Section 141, as Specific Allegations of Partner's Involvement in Firm Affairs Disclosed Prima Facie Case for Trial.

16 Sep 2022

The appeal arose from a criminal complaint filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 by the appellant, a d...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Complaint Under Sections 138 and 141 of Negotiable Instruments Act, 1881 — Vicarious Liability of Office Bearers of Society Can Be Inferred at Summoning Stage. The High Court erred in quashing proceedings against office bearers without considering specific averments in the complaint that they were in charge of and responsible for the conduct of business.

1 Jan 2026

The appellant, M/s Mansi Finance (Chennai) Ltd., a finance company, filed a private complaint under Sections 138 and 141 of the Negotiable Instruments...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 of the Negotiable Instruments Act, 1881 was not committed within its jurisdiction as the cheque was presented and dishonoured outside Maharashtra.

11 Dec 2025

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 514...

High Court

Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business.

29 Jan 2016

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Sectio...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

4 Mar 2025

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Director in Minimum Wages Act Case Due to Lack of Vicarious Liability. Complaint Failed to Establish Director Was In-Charge of Company's Business Under Section 22C of Minimum Wages Act, 1948, Making Prosecution Unmaintainable.

29 Oct 2021

The dispute arose from a criminal complaint filed against Dayle De'Souza, a director of Writer Safeguard Pvt. Ltd., alleging violations of the Minimum...

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...

Supreme Court

Supreme Court Allows Appeals in NI Act Case: Director Can Be Prosecuted Without Company Being Arraigned as Accused if Complaint Contains Requisite Averments Under Section 141. The Court held that the absence of the company as an accused is not fatal and lack of specific averments can be cured, restoring the summoning order against the director.

9 Dec 2022

The Supreme Court considered appeals against the High Court of Allahabad's judgment quashing criminal proceedings under Section 138 of the Negotiable ...

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