Search Results Page

Search Results

1 - 10 of 54 (2.71 seconds)
Rajesh Madan vs M/S Good Marketing And Sales Pvt Ltd on 20 August, 2024 cites

National Small Industries Corp.Ltd vs Harmeet Singh Paintal & Anr on 15 February, 2010

In National Small Industries Corpn. [National Small Industries Corpn. Ltd. v. Harmeet Singh Paintal, (2010) 3 SCC 330 : (2010) 1 SCC (Civ) 677 : (2010) 2 SCC (Cri) 1113] this Court observed : (SCC p. 336, paras 13-14) Signature Not Verified Digitally Signed CRL.M.C. 598/2018 and connected matters Page 38 of 42 By:KAMAL KUMAR Signing Date:22.08.2024 22:07:20 "13. Section 141 is a penal provision creating vicarious liability, and which, as per settled law, must be strictly construed. It is therefore, not sufficient to make a bald cursory statement in a complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the company without anything more as to the role of the Director. But the complaint should spell out as to how and in what manner Respondent 1 was in charge of or was responsible to the accused Company for the conduct of its business. This is in consonance with strict interpretation of penal statutes, especially, where such statutes create vicarious liability.
Supreme Court of India Cites 21 - Cited by 887 - P Sathasivam - Full Document

Sabitha Ramamurthy & Anr vs R.B.S. Channabasavaradhya on 13 September, 2006

In Sabitha Ramamurthy and Another v. R.B.S. Channabasavaradhya, (2006) 10 SCC 581, the Supreme Court restated the Signature Not Verified Digitally Signed CRL.M.C. 598/2018 and connected matters Page 35 of 42 By:KAMAL KUMAR Signing Date:22.08.2024 22:07:20 requirements of Section 141 of the NI Act and held that the complainant must make a clear statement of fact to enable the Court to arrive at a prima facie opinion, even if the allegations are that the accused is vicariously liable. Section 141 of the NI Act raises a legal fiction where a person although not personally liable for commission of an offence, would be vicariously liable but before a person can be made vicariously liable, strict compliance with statutory requirements is to be insisted.
Supreme Court of India Cites 10 - Cited by 290 - S B Sinha - Full Document
1   2 3 4 5 6 Next