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Articles for Vicarious Liability

Exploring Vicarious Liability Of Office Bearers In Criminal Matters
2 weeks ago

Exploring Vicarious Liability Of Office Bearers In Criminal Matters

Live Law  

A company, no doubt, is a separate legal entity from its members distinguished by the corporate veil. It also places the burden solely on the corporate entity, and the courts might lose the chance to address the personal liability of the office bearers, therefore creating a gap in the regulatory regime. Evolving standards of vicarious liability: Statutory gaps and Evidentiary …

Corporate Criminal Office Company Liability Corporation Its Members
No Vicarious Liability: Rajasthan HC Quashes FIR Against Daughter Registered After Father In Criminal Case Transferred Her Some Money
1 month, 1 week ago

No Vicarious Liability: Rajasthan HC Quashes FIR Against Daughter Registered After Father In Criminal Case Transferred Her Some Money

Live Law  

Rajasthan High Court quashed an FIR against a daughter who was charged in a case of cheating, on account of the fact that she received some money from her father that was alleged to be received by him under dishonest inducement from the complainant with whom he had entered into an agreement to sale. As per the FIR, the complainant …

Court Fir Father Her Father Some Money Petitioner Vicarious Liability
Negotiable Instruments Act: All India Annual Digest 2024
1 month, 2 weeks ago

Negotiable Instruments Act: All India Annual Digest 2024

Live Law  

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. The court said, “It is pertinent to note that said Prabhakar is not even examined on behalf of the accused, nor any material like counterfoil or cheque issuing register is placed on record so as to establish that the cheque has been …

India Karnataka Supreme Court High Court Court Gujarat Criminal Procedure
Vicarious Liability Of Company Directors/Officials Not Automatic; Specific Statutory Provision & Personal Involvement Needed : Supreme Court
2 months, 3 weeks ago

Vicarious Liability Of Company Directors/Officials Not Automatic; Specific Statutory Provision & Personal Involvement Needed : Supreme Court

Live Law  

The Supreme Court noted that directors/officials cannot be held vicariously liable for a company's illegal actions unless it is demonstrated that the official personally engaged in the conduct directly linking them to the company's liability, and such liability is supported by a specific statutory provision. They further contended that they can't be held vicariously liable for the illegal acts of …

Personal Court Director Company Liability Fir Directors
NI Act | College Cannot Be Equated To A Company, Principal Not Vicariously Liable For Signing Cheque: Madras High Court
3 months, 1 week ago

NI Act | College Cannot Be Equated To A Company, Principal Not Vicariously Liable For Signing Cheque: Madras High Court

Live Law  

The Madras High Court recently quashed the proceedings initiated against a Principal of a college under Section 138 of the Negotiable Instruments for signing a cheque that was returned for “insufficient funds”. While doing so, Justice Anand Venkatesh held that the Principal had not signed the cheque in his individual capacity, and since a college could not be equated to …

Court College Liability Act Trustee Principal Managing
SC dismisses Sebi’s ₹25 crore penalty plea against Mukesh Ambani in RPL share manipulation case
4 months, 2 weeks ago

SC dismisses Sebi’s ₹25 crore penalty plea against Mukesh Ambani in RPL share manipulation case

Live Mint  

The Supreme Court on Monday dismissed a plea by the Securities and Exchange Board of India to impose a ₹25 crore penalty on Mukesh Ambani, chairman and managing director of Reliance Industries Ltd, over alleged share manipulation involving Reliance Petroleum Ltd in November 2007. A two-judge bench of Justices J.B. Pardiwala and R. Mahadevan agreed to hear Sebi's broader case …

Ambani Sat Ril Rpl Vicarious Liability Dismisses Sebi Mumbai Sez
The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
10 months, 3 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as …

Rajasthan Karnataka Odisha Delhi Supreme Court Maharashtra Gujarat
Directors Can't Be Held Vicariously Liable In Criminal Cases Merely Because They Hold A Position In Company: Punjab & Haryana High Court
11 months, 3 weeks ago

Directors Can't Be Held Vicariously Liable In Criminal Cases Merely Because They Hold A Position In Company: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has quashed the chargesheet arraying the Directors of a Company responsible for maintenance of a road, in a criminal case pertaining to the death of a 3-year-old child in an accident allegedly by falling from a bike due to a pothole.The Directors were booked for causing death by negligence, causing hurt by act endangering …

Court Criminal Haryana Company Liability Ipc Act
Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part I [Citations 1-150]
1 year, 3 months ago

Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part I [Citations 1-150]

Live Law  

Nominal Index: Gulshan Nazir Vs Union of India 2023 LiveLaw 1 M/S Aisha Construction Vs JKCA 2023 LiveLaw 2 Manzoor Ahmad Mir Vs UT of J&K 2023 LiveLaw 3 Godrej Consumer Products Limited Versus Union of India 2023 LiveLaw 4 Mst Zaiba Vs Ghulam Ahmad Zargar & Ors 2023 LiveLaw 5 Zahid Nabi Khan Vs UT of J&K 2023 LiveLaw …

India High Court Writ Jurisdiction Public Order Constitution Natural Justice Kashmir
Thinking Of Adding AAP An Accused In Delhi Liquor Scam Case, ED Tells Supreme Court
1 year, 5 months ago

Thinking Of Adding AAP An Accused In Delhi Liquor Scam Case, ED Tells Supreme Court

Live Law  

In a major development in the Delhi liquor policy scam case, Additional Solicitor General of India SV Raju told the Supreme Court that the Directorate of Enforcement is contemplating making the Aam Aadmi Party an accused in the money laundering case and invoking Section 70 of the Prevention of Money Laundering Act to probe the aspect of vicarious liability. "We …

Justice Delhi Party Case Accused Khanna Singhvi
Kerala High Court Monthly Digest - January 2023 [Citations 1-52]
2 years, 1 month ago

Kerala High Court Monthly Digest - January 2023 [Citations 1-52]

Live Law  

Nominal Index Citations XXXX v. Union Of India and Connected Cases 2023 LiveLaw 1Sali M.N. 2023 LiveLaw 52 Judgments/Orders This Month Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court Case Title: State of Kerala rep. by Secretary to the Government & Ors. Sabarimala Pilgrims …

Kerala High Court Court Kerala High Court Limitation Act Council State
Liability To Deduct TDS Under Section 201 of Income Tax Act Is A Vicarious Liability, Which Ends With Discharge Of Principal Liability Of Recipient Of Income: ITAT
2 years, 4 months ago

Liability To Deduct TDS Under Section 201 of Income Tax Act Is A Vicarious Liability, Which Ends With Discharge Of Principal Liability Of Recipient Of Income: ITAT

Live Law  

The Mumbai bench of the Income Tax Appellate Tribunal has ruled that the liability to deduct tax at source under Section 201 read with Section 195 of the Income Tax Act, 1961, is a vicarious liability of the payer of an income and thus, the liability to deduct TDS ceases to exist when the primary liability of the recipient of …

Tax Income Tax Income Tax Act Income Liability Tribunal Icici Bank
Complainant U/S 138 NI Act May Not Know Exact Role Of Company Directors, Basic Averment About Vicarious Liability Sufficient: Karnataka High Court
2 years, 4 months ago

Complainant U/S 138 NI Act May Not Know Exact Role Of Company Directors, Basic Averment About Vicarious Liability Sufficient: Karnataka High Court

Live Law  

The Karnataka High Court has said that in proceedings initiated against directors of a company under Section 138 of the Negotiable Instruments Act, the complainant is only expected to make necessary averments regarding their vicarious liability and thereafter, the burden is upon such directors to show that they are not liable to be convicted. A single judge bench of Justice …

Court Company Accused Complainant Complaint Firm Know
No Vicarious Liability Under Criminal Law Unless Strictly Mandated By Statute: J&K&L High Court
2 years, 7 months ago

No Vicarious Liability Under Criminal Law Unless Strictly Mandated By Statute: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday ruled that in criminal law, there is no concept of criminal vicarious liability and it is only if there is a statute which makes a person vicariously liable for the acts of another person that such a person can be prosecuted for a criminal offence. The bench comprising Justice Sanjay …

Business Law Criminal Law Drugs Criminal Company Complaint
Office Bearer Can't Be Held Vicariously Liable In Criminal Proceedings Unless Company Is Made Accused: Jammu & Kashmir High Court Reiterates
2 years, 9 months ago

Office Bearer Can't Be Held Vicariously Liable In Criminal Proceedings Unless Company Is Made Accused: Jammu & Kashmir High Court Reiterates

Live Law  

The Jammu and Kashmir High Court recently observed that vicarious liability cannot be attached to the office bearers of a company till impleadment of the company as an accused. The respondent had filed a complaint before the Court of Chief Judicial Magistrate, Anantnag, alleging that the petitioners entered into a criminal conspiracy by forming a company, namely, Aizen Communications Pvt. …

Office Criminal Proceedings Company Accused Respondent Proceedings Magistrate
No Vicarious Liability For Criminal Offences In Absence Of Statute: Karnataka HC Quashes Defamation Case Against MP Rajeev Chandrashekhar
3 years, 1 month ago

No Vicarious Liability For Criminal Offences In Absence Of Statute: Karnataka HC Quashes Defamation Case Against MP Rajeev Chandrashekhar

Live Law  

The Karnataka High Court has quashed the defamation proceedings against Member of Parliament, Rajeev Chandrashekhar, initiated in the year 2012, when he was the Managing Director of Suvarna News 24/7 Kannada Television Channel. Petitioners submissions: Senior Advocate C V Nagesh appearing for the petitioner submitted that rhe complaint registered was not even maintainable as the petitioner is only a Managing …

Court Defamation Director Criminal Bangalore Ipc Registered
Supreme Court Monthly Digest: October 2021 [Citation: LL 2021 SC 525 To LL 2021 SC 616]
3 years, 3 months ago

Supreme Court Monthly Digest: October 2021 [Citation: LL 2021 SC 525 To LL 2021 SC 616]

Live Law  

Forcing Party To Undergo DNA Test Against Will Impinge On Personal Liberty & Right To PrivacyThe Supreme Court observed that forcing an unwilling party to undergo DNA test impinges on personal liberty and right to privacy. A bench comprising Justices L Nageswara Rao and BR Gavai held that the officers have committed civil contempt of court for not following the …

Karnataka Kerala Delhi Supreme Court High Court Constitution Court
Vicarious Liability As A Principle Cannot Be Applied To A Contempt Case: Supreme Court
3 years, 5 months ago

Vicarious Liability As A Principle Cannot Be Applied To A Contempt Case: Supreme Court

Live Law  

The Supreme Court observed that vicarious liability as a principle cannot be applied to a case of contempt.Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge, the bench of Justices Sanjay Kishan Kaul and Justice MM Sundresh observed.In this case, …

Supreme Court Court Contempt Order Case Liability Official
WhatsApp Group Administrator Not Liable For Member's Objectionable Post If There Is No Common Intention : Bombay High Court
3 years, 11 months ago

WhatsApp Group Administrator Not Liable For Member's Objectionable Post If There Is No Common Intention : Bombay High Court

Live Law  

A Whatsapp group administrator cannot be held liable for objectionable content posted by a member of the group, in the absence of common intention, the Nagpur bench of the Bombay High Court has held. "A group administrator cannot be held vicariously liable for an act of a member of the group, who posts objectionable content, unless it is shown that …

Court Objectionable Content Content Held Group Post Members
Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court
4 years, 3 months ago

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court

Live Law  

The Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code to a charge under Section 34 IPC if the facts prove that the crime has been committed in furtherance of a common intention.Section 149 IPC provides for vicarious liability of members of an unlawful assembly for the crime committed …

Supreme Court Assembly Court Charge Ipc Supreme Common
Crime Without Punishment Conundrum Of Vicarious Liability In Criminal Law
4 years, 10 months ago

Crime Without Punishment Conundrum Of Vicarious Liability In Criminal Law

Live Law  

Thursday morning, we all woke up to the sad news of styrene gas leak from a chemical plant in Visakhapatnam which killed at least 11 persons and left over 1000 affected. LG Polymers India Private Limited, being a separate legal entity, and also a wholly-owned subsidiary of LG Chem question would arise as to the likelihood of fixing criminal liability …

Law Supreme Court Criminal Law Court Criminal Company Liability
Can Independent, Non-Executive Directors Of A Company Be Arrayed As Accused In Proceedings Against Dishonor Of Cheque: Delhi HC Answers [Read Judgment]
5 years, 2 months ago

Can Independent, Non-Executive Directors Of A Company Be Arrayed As Accused In Proceedings Against Dishonor Of Cheque: Delhi HC Answers [Read Judgment]

Live Law  

In a recent judgment, the Delhi High Court has recapitulated the law with respect to liability of Independent, Non-executive directors of company in complaints filed under Section 138 of NI Act 1881, for dishonor of cheque. The order passed by Justice Anu Malhotra has reiterated as under: That Independent Non-Executive Directors are not involved in day-to-day affairs of the company …

Court Independent Director Company Liability Directors Affairs
No Vicarious Liability Under Criminal Law Unless It Is A Part Of The Statute; Bombay HC Sets Aside Summons Issued To Directors Of HUL [Read Judgment]
5 years, 5 months ago

No Vicarious Liability Under Criminal Law Unless It Is A Part Of The Statute; Bombay HC Sets Aside Summons Issued To Directors Of HUL [Read Judgment]

Live Law  

The Bombay High Court has held that there no vicarious liability in criminal law unless the statute takes it within its fold and set aside summons issued by Additional Chief Metropolitan Magistrate, Ballard Pier against Hindustan Unilever Limited and its Directors, for alleged non-compliance of certain provisions of the Maharashtra Shops and Establishment Act, 1948. Justice Bharati Dangre noted that …

Criminal Law Court Company Liability Act Directors Shops
IPC Doesn’t Provide For Vicarious Liability For Offence By A Company: SC [Read Judgment]
8 years, 3 months ago

IPC Doesn’t Provide For Vicarious Liability For Offence By A Company: SC [Read Judgment]

Live Law  

The Supreme Court has recently held that the Indian Penal Code, 1860, does not provide for vicarious liability for any offence alleged to be committed by a company.A division bench of Justice PC Ghose and Justice Amitava Roy also held that if and when a statute contemplates creation of such a legal fiction, it provides specifically therefore, e.g. The Supreme …

Supreme Court Liability Held Bench Provide Vicarious Liability Indian Penal