framing charges. As the
appellant was implicated involving the principle of vicarious liability,
which is not applicable and erroneously referred to, he had no option ... expanded those submissions.
Emphasising that position in law with regard to vicarious liability was
that there is no such vicarious liability in criminal law unless
which deals with additional criminal liability, opined
that even if the liability against the appellant is vicarious herein on
account of the offence having alleged ... provision makes the company the
principal offender.
(b) The essence of vicarious liability is inextricably intertwined with
the liability of the principal offender. If both
Elite International Pvt. Ltd, yet initiated criminal
proceedings fastening vicarious liability on the appellant.
7. Learned counsel submitted that to fasten vicarious liability ... liable for commission of such an offence
would be vicariously liable therefor. Such vicarious liability can be
inferred so far as a company registered
person is vicariously liable to be held guilty for the offence
under Section 138 and punished accordingly.”
Who is liable? Vicarious liability:
35. This Court ... liable for
commission of such an offence would be vicariously liable
therefor. Such vicarious liability can be inferred so far as a
company registered
appreciation of evidence in
the context of the question of vicarious liability is
wholly unsubstantial and not in accordance with
the settled principles ... does
not create a separate offence but only declares the vicarious
liability of all the members of an unlawful assembly in certain
circumstances
Limited,2 this Court had reiterated that the proviso to general
vicarious liability under Section 141 of the Negotiable Instruments
Act, 1881, applies ... company’ to bring them within the ambit of
the vicarious liability provision, albeit every person in-charge of
and responsible to the company
Independent, Non-Executive
Director of the company and thus, no vicarious liability can be
inferred against the petitioner under Section 138 r/w Section ... sufficiently make out the
petitioners herein to be vicariously liable. In order to
fasten the vicarious liability on the petitioners in
accordance with the provisions
persons vicariously
liable for commission of an offence on the part of
the company. As has been stated by us earlier, the
vicarious liability gets ... persons vicariously
liable for commission of an offence on the part of
the company. As has been stated by us earlier, the
vicarious liability gets
persons vicariously liable
for commission of an offence on the part of the company. As has been stated
by us earlier, the vicarious liability gets ... company is an express condition
precedent to attract the vicarious liability of others. Thus, the words "as well
as the company" appearing
most important of the various cases in which vicarious responsibility or vicarious liability is recognised by the law. Vicarious liability means that one person takes ... supplied)
Indeed, the word 'vicarious' itself lexicographically means one that takes the place of another. Vicarious liability means that one person takes