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
civil liability. Further, the
guarantor's liability under the Indian Contract Act, 1872 is a civil
liability. The appellant may have civil liability ... Page 15 of 17
is made vicariously liable and punished. However, such vicarious
liability arises only when the company or firm commits the offence
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
case namely, the liquidation of
the company, the wrongful imposition of vicarious liability, partial
recovery already effected, and his financial incapacity, the appellant
prayed ... held vicariously liable under
Section 141 merely on account of his designation. This Court answered the
question in the negative, holding that vicarious liability under
dilution of criminal liability.
35. It was further contended that once vicarious
liability under Section 149 IPC had been invoked, the
question ... deceased became
inconsequential. Learned counsel submitted that
Section 149 IPC fastens vicarious liability upon each
member of the unlawful assembly for acts committed
