Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights January 2022 Year 2022 This

Dishonor of Cheque - Vicarious liability on the Director of the ...


Director Held Liable for Cheque Dishonor Due to Lack of Evidence of Non-Involvement in Company Operations.

January 7, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - Vicarious liability on the Director of the company - involvement of the director (respondent No. 2) in the affars of the company or not - no material has been placed on record, much less of incontrovertible or unimpeachable nature, to establish that respondent No. 2 was in fact not responsible for the day-to-day affairs of the accused company. Rather, despite the legal notice having been issued to respondent No. 2 as well, no reply was furnished on her behalf to the effect that she was not in-charge of or responsible to the accused company for the conduct of its business at the relevant time. - no ground for quashing of the summoning order - HC

View Source

 


 

You may also like:

  1. SC held that non-executive directors cannot be held vicariously liable under Sections 138 and 141 of NI Act for dishonored cheques without specific evidence of their...

  2. 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...

  3. HC affirmed vicarious liability of company directors under Sections 138/141 of NI Act in cheque dishonor case. Directors challenged summoning orders claiming...

  4. HC ruled in favor of company directors, quashing criminal proceedings under NI Act for dishonored cheques. Court determined petitioners successfully demonstrated they...

  5. Dishonor of Cheque - dues was against the company but the cheque was issued by the petitioner from his personal account - Legally enforceable debt or not, in personal...

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

  7. Dishonour of cheque - insufficient funds - presumption - standard of preponderance of probabilities - reasons to believe. Earlier, dishonour of cheque was dealt through...

  8. Dishonor of cheque due to account freeze falls within the purview of Section 138 of the Negotiable Instruments Act. The test is whether the account had insufficient...

  9. Dishonour of Cheque - vicarious liability of director - cheque was issued prior to the date of director joining the company - The petitioners have failed to bring on...

  10. Dishonor of Cheque - cheques in question have not even been issued by the petitioner company - misuse of letter heads of the petitioner company - The petitioner company...

  11. SC held that a non-executive director cannot be held vicariously liable under Section 141 of NI Act for dishonored cheques where he had resigned prior to the offense and...

  12. Dishonor of Cheque - duties and rights of Director on behalf of the company - It is not being disputed that said cheque was dishonoured due to 'account closed'. The...

  13. Dishonor of Cheque - Different cheques, may be issued for discharging the liability, arising out of one and same transaction, are separate entities and dishonour of each...

  14. Dishonor of Cheque - When a cheque is issued even though as ‘security’ the consequence flowing therefrom is also known to the drawer of the cheque and in the...

  15. Dishonour of Cheque - Seeking setting aside of summoning order - vicarious liability on partner of a firm - The name of the petitioner is conspicuously not mentioned as...

 

Quick Updates:Latest Updates