would not be liable and convicted as
vicariously liable. Section 141 of the Act
extends vicarious criminal liability to officers
associated with the company ... person(s) then, by
deeming fiction, is made vicariously liable and
punished. However, such vicarious liability
arises only when the company or firm commit
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
party, no proceeding can be
initiated against it even where vicarious liability is
fastened under certain statutes. It has been so held by
a three ... subsequent decisions of this Court
have emphasised that the provision imposes vicarious
liability by way of deeming fiction which presupposes
and requires the commission
regard to the
Scheme of the Act, 1900 , there is no vicarious liability that
can be attached to any of the directors or any office ... routine corporate duties. Thus, where the
company is the offender, vicarious liability of the Directors
cannot be imputed automatically, in the absence of any
statutory
others, wherein it has been held that "B.
Criminal Law - Vicarious liability of Directors for the
charges leveled against the Company- Untenability of
-Absence ... Held, the Penal Code does not
contain any provision for attaching vicarious liability
CRLMC No.460 of 2017 Page 8 of 70
on the part
cardinal principle of criminal
jurisprudence that there is no vicarious liability
unless the Statute specifically provides for. It is
further held by this Court ... those cases where statutory regime itself attracts
the doctrine of vicarious liability, by specifically
incorporating such a provision.
Page 6
29. By applying the ratio
company.
13) Section 141 is a penal provision creating vicarious
liability, and which, as per settled law, must be strictly
construed. It is therefore ... 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
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
company.
13) Section 141 is a penal provision creating vicarious
liability, and which, as per settled law, must be strictly
construed. It is therefore ... liable for
commission of such an offence would be vicariously
liable therefor. Such vicarious liability can be inferred so
far as a company registered
