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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - vicarious liability - Whether service of ...

Case Laws     Indian Laws

May 17, 2024

Dishonour of Cheque - vicarious liability - Whether service of notice to the trust through its trustees suffices for the purpose of the NI Act. - The Delhi High Court dismissed petitions challenging the trial court’s order summoning the petitioners in complaint cases filed u/s 138 NI Act. The Court held that serving notice to the trust through its trustees meets the legal requirement, making individual notices to trustees unnecessary. It further established that trustees can be held vicariously liable u/s 141 NI Act, and the amended complaints sufficiently detailed the petitioners’ involvement in the alleged transactions.

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