company Archives | SCC Times

Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers

The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.

Case Briefs High Courts

Bombay High Court | Independent Non-Executive Director not liable for acts of company when not involved in day-to-day business

Bombay High Court: The Division Bench of K.R. Shriram and Milind N. Jadhav, JJ. took cognizance of a petition which was filed

Op Eds OP. ED.

Wilful Defaulter Circular: A Much-Needed Munition or a Growing Conundrum

by Bishwajit Dubey*, Shatrajit Banerji** and Prafful Goyal***

Case Briefs High Courts

When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC

Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible

Case Briefs High Courts

Raj HC | Economic offender should not be dealt as general offender because economic offenders run parallel economy; bail rejected

Rajasthan High Court: Narendra Singh Dhaddha rejected bail and dismissed the petition being devoid of merits. The present bail application has been

Case Briefs District Court

Can Director of a company be automatically, vicariously liable for commission of an offence on behalf of company under S. 138 NI Act? Patiala House Courts answers

Patiala House Courts, New Delhi: Shreya Arora Mehta, Metropolitan Magistrate, while addressing a matter with regard to Section 138 of the Negotiable

Case Briefs Supreme Court

Section 138 NI Act| Prima-facie indication as to complaint by a company through an authorised employee having knowledge of the case enough for Magistrate to take cognizance

Supreme Court: The 3-judge bench of NV Ramana, CJ and AS Bopanna* and Hima Kohli, JJ has held that when the complainant/payee

Case Briefs Supreme Court

Section 138 NI Act| Can’t defeat the complaint merely because it does not elaborate upon Managing Director’s authorisation: SC

Supreme Court: In a case relating to dishonour of cheques where it was alleged that the complaint was filed by the managing

Case Briefs Supreme Court

Explained| Sections 138 and 141 of NI Act: Vicarious liability of directors of a company for dishonour of cheques

Supreme Court: Explaining the law relating to vicarious liability of the Directors of a company under Sections 138 and 141 of the

OP. ED.Practical Lawyer Archives

Compliance Checklist for amending the object clause of a company

Gaurav N Pingle, Practising Company Secretary, Pune
Cite as: (2021) PL (CSP) February 68

Case Briefs High Courts

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

Allahabad High Court: Ravi Nath Tilhari, J., addressed a matter wherein a person being the director of the company signed a cheque

OP. ED.Practical Lawyer Archives

Compliance Checklist for Amending the Articles of Association of Company

Gaurav N Pingle, Practising Company Secretary, Pune

Cite as: (2021) PL (CSP) January 75

Case Briefs High Courts

Del HC | What is the scope of power of revision of HC under CrPC? Court discusses while denying interference in matrimonial matter

Delhi High Court: Subramonium Prasad, J., while addressing the present revision petition expressed that: “A court in revision considers the material only

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Whether a company purchasing commercial space for its office is “consumer” under Consumer Protection Act, 2019? Commission answers

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh (Presiding Member), expressed that whether, for a particular purpose, a company is a ‘consumer’,