Specific act or act of commission or omission on the part of ...

Directors Not Liable for Misfeasance Without Specific Allegations; General Inaction Claims Insufficient to Prove Wrongdoing.

April 8, 2019

Case Laws Companies Law HC

Specific act or act of commission or omission on the part of each Director quantifying the loss to the Company - merely because of inaction on the part of the Directors as a general allegation, no ground to hold the respondents guilty of misfeasance or fraud

View Source

← Previous Next →

Specific act or act of commission or omission on the part of ...

Directors Not Liable for Misfeasance Without Specific Allegations; General Inaction Claims Insufficient to Prove Wrongdoing.

April 8, 2019

Case Laws Companies Law HC

You may also like:

Dishonor of Cheque - liability of a Director of a company - vicarious liability - It is clear from the perusal of the complaint that there is no specific averment that...

The petition challenged the criminal complaint filed against the petitioner u/s 138 read with Section 141 of the Negotiable Instruments Act for dishonor of cheque. The...

Jurisdiction - Additional Director General of DRI was a proper officer or not - The Additional Director General of DRI not having, in the first instance, assessed and...

Dishonor of Cheque - vicarious liability of an independent director - In absence of any specific averments or allegations carving out a specific role attributable to...

Impugned show cause notice for cancellation of GST registration lacks specific allegations, violating principles of natural justice. Notice merely reproduces rule...

Liability of directors u/s 179 - Recovery of dues of company - Onus to prove the gross neglect or misfeasance or breach of duty on his part - No material is highlighted...

Dishonour of Cheque - vicarious liability of Director of the Company - The petitioner, a former non-executive additional director of the accused company, contended that...

Offence under Section 277 - Whether all the Directors of the Company can be prosecuted for any violation of the Income Tax Act in terms by relying on the inclusive...

Dishonor of Cheque - vicarious liability of the independent Director - In absence of any specific averments or allegations carving out a specific role attributable to...

Non-executive director's vicarious liability in a company u/s 138 of the Negotiable Instruments Act examined. For making a non-executive director liable, there must be...

Meaning of the term "Chief Commissioner" extended to include Director General of Income-tax and Principal Director General of Income-tax - Section 2(15A) of the...

Jurisdiction and powers of officers issuing show cause notices (SCNs) under the Goods and Services Tax (GST) Act, 2017. It clarifies that the Additional Director...

Penalty u/s 271 - Defective notice - the allegation should be specific and clear in the penalty notice also because the assessee has to submit reply in the course of...

HC set aside trial court's discharge of accused No. 2 (director) in prosecution under s276B of Income Tax Act. Court held specific notice under s2(35) unnecessary when...

Dishonor of cheque case - vicarious liability of directors u/s 138 read with Sections 141 and 142 of Negotiable Instruments Act. Court held specific, unambiguous...

Quick Updates: