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Section 141 NI Act

Case BriefsSupreme Court

Explained| Dishonour of Cheques: Can non-executive Directors of the accused company be held vicariously liable under Section 141 NI Act?

    Supreme Court: In an appeal against a judgment passed by the Calcutta High Court dismissing the Criminal Revision Application filed

Published on September 27, 2022By Editor_4
Leave a comment4890 views
Case BriefsSupreme Court

Dishonour of cheque| Partner cannot be held to be vicariously liable when partnership firm is not tried as primary offender: SC

Supreme Court: Explaining the law on vicarious liability under the Negotiable Instruments Act, 1881, the bench of Ajay Rastogi and Sanjiv Khanna*,

Published on June 13, 2022June 16, 2022By Prachi Bhardwaj
Leave a comment11184 views
Case BriefsHigh 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

Published on May 10, 2022May 30, 2022By Bhumika Indulia
Leave a comment3121 views
Case BriefsSupreme 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

Published on October 18, 2021October 22, 2021By Prachi Bhardwaj
2 Comments27254 views
Case BriefsHigh 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

Published on February 16, 2021February 18, 2021By Bhumika Indulia
1 Comment22067 views
Case BriefsHigh Courts

Madras HC | Can a ‘Non-Executive Director’ who is not responsible for day-to-day affairs of company be made vicariously liable for offence committed by company? Court’s interpretation in light of S. 141 NI Act

Madras High Court: G.K. Ilathiraiyan, J., while addressing the instant matter, observed that, a person who is inducted as the Non-Executive Director of

Published on November 12, 2020November 12, 2020By Bhumika Indulia
1 Comment6110 views
Case BriefsHigh Courts

All HC | Principle contained in S. 141 of NI Act is not applicable to a sole-proprietary concern, firm need not be arraigned as an accused while making a claim for recovery under S. 138 of the NI Act

Allahabad High Court: While deciding a petition filed under Article 227 of the Constitution of India, Suresh Kumar Gupta, J., dismissed the

Published on October 19, 2020October 23, 2020By Editor_4
3 Comments9202 views
Case BriefsSupreme Court

Liability under Section 68 of FERA, 1973 depends on the role a person plays in the company and not the designation

Supreme Court: On the question of liability to be proceeded with for offence under Section 68 of FERA, 1973, the bench of

Published on July 28, 2020July 31, 2020By Prachi Bhardwaj
Leave a comment4251 views
Case BriefsHigh Courts

[Dishonour of Cheque] MP HC | Director/MD/JD/other officers and employees of a company can not be prosecuted under S. 138 of NI Act unless the company is impleaded as an accused

Madhya Pradesh High Court: Rajendra Kumar Srivastava, J., while addressing a matter with regard to dishonour of cheque held that, Director/Managing Director/Joint Director/other

Published on June 24, 2020July 3, 2020By Bhumika Indulia
Leave a comment3640 views
Case BriefsHigh Courts

Ker HC | ‘Trust’ is an ‘obligation annexed to ownership of property’ – cannot be prosecuted under NI Act as it is neither a body corporate nor an association of individuals

Kerala High Court: B Sudheendra Kumar, J. allowed the petition and quashed the complaint and further proceedings against the petitioners which were

Published on August 5, 2019August 13, 2019By Bhumika Indulia
Leave a comment7169 views

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