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Showing posts with label liability of directors. Show all posts
Showing posts with label liability of directors. Show all posts
Saturday, 26 January 2019

Whether director of company can be prosecuted if company is not prosecuted?

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Applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is an express con...
Wednesday, 6 July 2016

Basic principles for quashing of prosecution against directors of company in case of dishonour of cheque

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In Gunmala Sales Pvt. Ltd. (supra) the Court was concerned with Directors who issued the cheques. This authority, as we notice, has to ...
Thursday, 24 March 2016

How to ascertain vicarious liability of director of company in case dishonour of cheque?

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The offence under Section 138 of Negotiable Instruments Act may get completed only on expiration of fifteen days from the receipt of the...
Thursday, 31 December 2015

Whether directors are vicariously liable for prosecution for offences under IPC committed by company?

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  For academic interest, it may be pointed out that the three-Judge Bench, in SMS Pharmaceuticals Ltd. (supra), has held that the managing...
Monday, 9 November 2015

What will be liability of director of company for dishonour of cheque?

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It is an admitted position that simply because someone is a Director in a company, he cannot be held responsible in respect of a cheque is...
Saturday, 28 March 2015

When directors can be personally liable on company insolvency?

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http://www.icaew.com/en/archive/library/subject-gateways/law/insolvency/legal-alert/when-directors-can-be-personally-liable-on-company-