absence of compliance
with the requirements necessary for the applicability of vicarious liability
as provided under Section 141 , the accused could not have been convicted ... vicariously liable for the offence alleged to have been committed by the
company, then in the absence of company being prosecuted, no vicarious
liability
commission of such offence.”
It is thus seen that the vicarious liability of a
person for being prosecuted for an offence
committed under ... liable for commission of such
an offence would be vicariously liable
therefor. Such vicarious liability can be
inferred so far as a company registered
member, will be
also vicariously held liable and guilty of that
offence. Section 149 IPC creates a constructive
or vicarious liability of the members ... this Court held that Section 149 IPC creates a
constructive or vicarious liability of the members of the unlawful
assembly for the unlawful acts committed
Criminal Liability
The High Court noted the general rule against
vicarious liability in criminal cases, where
individuals are typically not held criminally liable
for acts ... involved, not merely their position in the
company. The provision establishes vicarious
liability for officers of the company, such as
signatories of the cheque, managing
mind.
The Penal Code does not contain any provision for attaching vicarious liability
on the part of the appellant Nos. 2 and 3 respectively herein ... committed the offence then
there is no question of attributing vicarious liability to the office bearers of the
Company so far as the offence
Section 149 deal with liability for constructive
criminality i.e. vicarious liability of a person for acts of others.
Both the sections deal with combinations
vicariously liable for the accident
caused by use of that vehicle. Answering the question in
the affirmative, this Court, on the principle of vicarious
liability ... owner can avoid his liability and the
temporary employer or the hirer, as the case may be,
must be held vicariously liable for the tort
hold them vicariously liable for the murder.
22. The High Court underscored the principle that
liability must be determined based on the specific ... common intention among the co-
accused precludes the application of vicarious
liability under Section 34 , IPC, for the act of
murder.
27.5 The sentence
identified” so as
to fasten the latter with any liability for the former's
contributory negligence. There cannot be a fiction of the
passenger ... claims of these
claimants cannot be truncated by attaching the vicarious liability
with the driver. However, the claim of the dependents of the
deceased driver
with the aid of Section 149 . Section 149 incorporates
vicarious liability of all the members of an unlawful assembly
for the acts done with
