Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Vicarious liability - It is necessary to specifically aver in a complaint u/ss 138, 141 of the Act that at the time the offence was committed, the person accused was i, charge of and responsible for the conduct of the business of the Company - This averment has to be made in the complaint..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Vicarious liability - No specific averment qua petitioners No.3 to 12 as to how they are incharge and responsible for the conduct of business of the company - Proceedings against petitioners No.3 to 12 quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420 -- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Deemed liability u/s 141 of the Act is attracted only when responsible company is arrayed as a party...........
Drugs and Cosmetics Act, 1940, Section 34 -- Offence by company - Simply because a person becomes Chairman or Director of company does not mean that he is fully responsible for day-to-day affairs of company - Vicarious liability can be inferred against a company or its directors only after satisfying the condition u/s 34 of the Act...........
Motor Vehicles Act, 1988, Section 166A -- Accident - Contributory negligence - Compensation - Held, where plaintiff/claimant himself is found to be a party to negligence, then question of joint and several liability cannot arise and plaintiff's claim to the extent of his own negligence, as may be quantified, will have to be severed - In such situation plaintiff can only be..........
Motor Vehicles Act, 1988, Section 166A -- Accident - Compensation - Appeal - Neither driver/owner nor insurer has filed any appeal or cross objection against findings of High Court that both vehicles were responsible for accident - Held, in absence of any challenge to aforesaid part of order of High Court, Supreme Court proceeded in matter by accepting said finding of High..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Director of company took loan for himself but issue a cheque drawn on the account of company - Director was authorised signatory of company - It is Director alone who is responsible and not the company...........
Stamp Act, 1899, Section 2(14)(15), 35 -- Nature of document - Instrument of partition or mere `Kararnama' - If the document does not create, transfer, limit, extend or extinguish any right or liability, it does not answer the description of an `instrument' - Similarly, if it is not a document whereby the co-owners of any property divide or agree to divide such a property..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Includes mental or physical torture of woman - If conduct of husband with wife is likely to cause a reasonable apprehension in her mind that her living with husband will be harmful and injurious to her life and safety, such a conduct would attract criminal liability, envisaged in S.498-A IPC...........
