petitioner as an accused by merely applying the principle of
vicarious liability. The learned Senior Counsel further submitted that
the concept of vicarious liability will ... against the accused persons. The Penal Code
does not contemplate any vicarious liability on a party, who is not
charged directly for the commission
departure
from the rule in criminal law against vicarious liability.
A clear case should be spelled out in the complaint
against the person sought ... business of
the company. Further, in order to fasten the vicarious
liability in accordance with Section 141 , the averment
as to the role
Reserve Bank of India regulations?
(2) Whether there is any vicarious liability of the appellant company for the illegal transactions fraudulently entered into between ... regulations and the foreign exchange laws?
(3) Whether there is any vicarious liability of the appellant for the unauthorised acts of the second respondent acting
point out that in criminal law, there is no question of vicarious liability unless it is specifically provided for. In this case, the records submitted ... liability under penal provision and not a civil liability. The penal provisions must be strictly construed in the first place. Secondly, there is no vicarious
ended in acquittal. Further he contended that there is no vicarious liability against the Directors since it is the Trust property. Further, on the medical ... offence punishable under Section 304(ii) of IPC for vicarious liability. Since the petitioners are Trustees as per the principle the Trustees of the Trust
observed that Section 141
is a penal provision creating vicarious liability, and which,
as per settled law, must be strictly construed. It is
Page ... with strict interpretation of
penal statutes especially where such statutes create
vicarious liability.
10. To fasten vicarious liability under Section
though all the accused are equally liable
under the principle of vicarious liability. The learned Government
Advocate therefore submits that the Respondent/Accused ... liability
under penal provision and not a civil liability. The
penal provision must be strictly construed in the first
place. Secondly, there is no vicarious
party, no proceeding can be initiated against it even where vicarious liability is fastened under certain statutes. When a complainant intends to rope ... company, it is essential to make requisite allegation to constitute the vicarious liability.
26. Mr. Ramakrishnan has contended that the petitioner/A-15 had never
though all the accused are equally liable
under the principle of vicarious liability. The learned Government
Advocate therefore submits that the Respondent/Accused ... liability
under penal provision and not a civil liability. The
penal provision must be strictly construed in the first
place. Secondly, there is no vicarious
though all the accused are equally liable under the principle of vicarious
liability. The learned Government Advocate therefore submits that the
Respondents/Selvi ... liability
under penal provision and not a civil liability. The
penal provision must be strictly construed in the first
place. Secondly, there is no vicarious
