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
Indian Penal Code does not contain any provision for attaching vicarious liability on the part of the Managing Director or the Directors of the Company ... company is the accused, as being 'vicarious', the classical understanding of the concept of vicarious liability is invariably in the context
that penal provisions must be construed strictly and in
case no vicarious liability is provided in the statute the same cannot be
attributed. In Sham ... 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
learned counsel for the petitioners submitted that to fasten
vicarious liability on the director of a company for an offence
under 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
accusations
have been leveled, no case also being made out of vicarious liability
under the criminal law.
7. Neither the construction contractor company ... site, they cannot be held accountable under the
principle of vicarious liability for the penal offence under the special
law which has been invoked
submit
that there is no provision in the IPC for attaching vicarious liability on the
part of the Managing Director or the Directors ... consistently that the IPC
does not contain any provision that attaches vicarious liability on the part of
the Managing Director or the Directors
minor kind. However, it was held that there could be no vicarious liability
saddled on the Chairman, Vice-Chairman, Managing Director and other
members ... saddle the accused/Director with vicarious liability.
The Supreme Court answered that the notice issued to the
accused/Director was sufficient notice to the Company
demonstrated hereinafter, this proposition would run
contrary to the principle of vicarious liability detailing the
circumstances under which a direction of a company ... 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
conduct of business of BTIL and thus
vicarious liability cannot be fastened upon them to bring them under the
rigours of Section ... liable for commission
of such an offence would be vicariously liable therefor. Such vicarious
liability can be inferred so far as a company registered
disclose the commission of any offence committed by the
petitioners as vicarious liability cannot be imposed on petitioner no. 2 for
any alleged ... Bharti
Mittal v. CBI2 , held that there is no concept of vicarious liability in
criminal law, until the statute specifically provides for the same
