Search Results for "vicarious liability"

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Search Results for "vicarious liability"

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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...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

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 ...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

28 Nov 2022

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

High Court

Bombay High Court Quashes Criminal Defamation Proceedings Against Insurance Company and Its Officers for Termination Letter Issued in Official Capacity. Letter of termination sent to employee by company held not to constitute defamation under Section 500 IPC as it was a privileged communication made in good faith and in the discharge of official duties.

28 Nov 2022

The applicants, Future Generali India Life Insurance Company Limited and its officers, filed an application under Section 482 of the Code of Criminal ...

High Court

Bombay High Court Quashes Defamation Complaint Against Company Officials for Termination Letter Sent to Prospective Employer. Communication of termination to a prospective employer does not amount to publication to a third party under Section 500 IPC.

28 Nov 2022

The applicants, who were employees of Future Generali India Life Insurance Company Limited, challenged an order dated 30/11/2017 passed by the Judicia...

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...

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...

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...

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