Indian Penal Code, 1860, Section 302, 149 -- Scope of - Held, S.149 of IPC provides for vicarious liability - If an offence is committed by any member of an unlawful assembly in prosecution of a common object thereof or such as members of that assembly knew that offence is likely to be committed in prosecution of that object, every person who at the time of committing that..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability of Director - Nothing to show how petitioner was incharge and responsible for conduct of business of company in question - Documents produced on record by petitioner do not show that he was Director of Company at the time when cheque was issued - Document issued by..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability of Director - Nothing to show how petitioner was incharge and responsible for conduct of business of company in question - Documents produced on record by petitioner do not show that he was Director of Company at the time when cheque was issued - Document issued by..........
Negotiable Instruments Act, 1881, Section 141(2) -- Vicarious liability - Officer of a company - Not liable to be prosecuted by virtue of his office - Can be prosecuted only u/s 141(2) of the Act - Mechanical reproduction of S.141(1) is not sufficient - It is required that there should be necessary averments in the complaint as to how and in what manner the accused was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability of director - Held, to make a director of a company vicariously liable for the acts of company, it is obligatory on the part of complainant to make specific allegation as are required in law - In the instant case, apart from company, three directors..........
Criminal Law -- Vicarious liability - Held, vicarious liability is unknown to criminal law, unless statute specifically provides for same .(Para 44)..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - When Director of company can be held vicarious liable? - Held, where company is principal offender then any of its Director would become liable due to legal fiction created u/s 141 N.I. Act - For holding a person vicariously liable for an offence of which principal accused is company, it..........
Indian Penal Code, 1860, Section 34 -- Common intention - For invoking the provision of S.34 IPC at least two factors must be established; (1) common intention, and (2) participation of the accused in the commission of an offence - Although no overt act is required to be attributed to the individual accused but then before a person is convicted by applying the doctrine of..........
Indian Penal Code, 1860, Section 34 -- Common intention - If common intention is proved but no overt act is attributed to the individual accused, S.34 will be attracted as essentially it involves vicarious liability - But if participation of the accused in the crime is proved and common intention is absent, S.34 cannot be invoked...........
Indian Penal Code, 1860, Section 409, 420, 468 -- Company - Vicarious liability - Company to be made an accused - Held, that when a person has to be proceeded with as being vicariously liable for the acts of the company the company must be made an accused...........
