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Results of vicarious criminal liability

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Showing : 21-30 of 44 Results

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Held, in order to invoke S.141 of NI Act, necessary averments should be found in complaint, u/s 138 of NI Act - Purpose of issuing notice to accused for compliance of demand made therein is not for fastening..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 141, 482 - - Dishonour of cheque - Quashing of proceedings - Proprietorship Firm - Liability of proprietor - Cheque has been issued by original accused No.1/Proprietorship Firm and signed by its Proprietor - Said cheque is drawn from bank account maintained by original accused No.1 - Held, it cannot be said that for dishonor..........

CHHATTISGARH HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Company/firm - Vicarious liability of Directors/Partners - Averments that all partners obtained loan by stating need of Firm and one of them has issued cheque, which was dishonoured - It is nowhere stated in complaint that partners other than one who is alleged to have issued cheque at time of..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 420 -- Company - Vicarious liability of officers of company - Concept of `vicarious liability' is unknown to criminal law - In absence of specific allegations against officers of the company, no person other than company can be prosecuted...........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability of office bearers - Necessary averments - Complaint silent regarding specific averment that petitioners were "in charge of" and "responsible for the day to day affairs of the company at the relevant point of time" when the alleged offence was committed -..........

JHARKHAND HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 156(3),200 -- Complaint - Cognizance - Taking of - Held, where a jurisdiction is exercised on a complaint petition filed in terms of S.156(3) or S.200 of CrPC, Magistrate is required to apply his mind - Penal Code does not contain any provision for attaching vicarious liability on part of Managing Director or Directors of company..........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued by a company dishonoured - Who may be prosecuted for offence committed by company - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Sufficient averments in complaint as to vicarious liability of partners - A partner whether retired at the relevant time can only be decided after parties lead evidence - Discharge at the threshold u/s 482 Cr.P.C., held, not proper...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Principles governing - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable - For fastening the criminal liability, there is no presumption that every..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Principles governing - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable - For fastening the criminal liability, there is no presumption that every..........

Showing : 21-30 of 44 Results