liability Archives | Page 2 of 4

Can Director of a company be automatically, vicariously liable for commission of an offence on behalf of company under S. 138 NI Act? Patiala House Courts answers

Patiala House Courts, New Delhi: Shreya Arora Mehta, Metropolitan Magistrate, while addressing a matter with regard to Section 138 of the Negotiable

Case Briefs High Courts

To prove that cheque amount was larger than debt due, can defence of Issuer be looked at stage of issuing summons? Del HC explains

Delhi High Court: While addressing a matter revolving around Section 138 of the Negotiable Instruments Act, 1881, Subramonium Prasad, J., held that

Case Briefs District Court

Daughter-in-law accuses father-in-law of offence under S. 138 NI Act. Here’s the detailed account of whether father-in-law gave the cheque to daughter-in-law or was it taken without his knowledge || Saket District Court decides

Saket District Court, Delhi: Sonam Singh, MM (NI Act) acquitted the accused who was charged with an offence under Section 138 of

Case Briefs District Court

Dishonour of Cheque occurring when parties entered in an illegal and void agreement: Can Court still take cognizance in S. 138 NI Act complaint? Dwarka Court decides

Dwarka Court, New Delhi: Shipra Dhankar, MM (NI Act) on noting that the dishonour of cheque occurred in consequence of an illegal

Case Briefs High Courts

Can ‘minor’ who succumbed to an accident during course of employment be compensated under Employees Compensation Act or Insurance Company will be absolved of its liability? Bom HC explains

Bombay High Court: Bharati Dangre, J., Whether the Insurance Company can be absolved of its liability to pay compensation under the Employees

Case Briefs District Court

Court holds accused guilty under S. 138 NI Act where he failed to rebut statutory presumption even when complainant didn’t produce documentary evidence to prove debt

XVIII Addl. Chief Metropolitan Magistrate, Bengaluru City: Manjunatha, XVII Addl. C.M.M., found the accused guilty for the offence under Section 138 of

Case Briefs District Court

If a cheque was issued in favour of complainant, would she still be required to prove loan transaction as she would have been in civil trial recovery? Court explains

Dwarka Courts, New Delhi: Medha Arya, MM (NI Act-03), resolved the dispute pertaining to Section 138 of Negotiable Instruments Act, 1881 in

Case Briefs High Courts

Bom HC | In absence of documentary evidence, can monthly income of deceased be determined as notional income for purpose of determining compensation under MV Act? Explained

Bombay High Court: Noting that the Motor Accident Claims Tribunal Member did not properly determine just and proper compensation, V.M. Deshpande, J.,

Case Briefs District Court

Presumption and Rebuttal under NI Act: Read Court’s verdict discussing onus of proof and nature of defence where “payment stopped by drawer”

Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru: Vani A. Shetty, XVII Additional Judge, Court of Small Causes & ACMM, addressed a

Case Briefs Tribunals/Commissions/Regulatory Bodies

Competition Watchdog | Know why CCI imposed penalties on beer companies: Nation-wide Cartel? Read Full Report

Competition Commission of India (CCI): Noting a nationwide cartel amongst certain Beer companies, Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma,

Legislation Updates Statutes/Bills/Ordinances

Taxation Laws (Amendment) Act, 2021

The Ministry of Finance has passed the Taxation Laws (Amendment) Act, 2021 on August 13, 2021. The Act amends the Income Tax

Case Briefs High Courts

Due to employer’s negligence, an employee suffered 100% disability | Read how Del HC emphasises on principle of res ipsa loquitur and strict liability to pronounce decision

Delhi High Court: Anup Jairam Bhambhani, J., emphasizing the principle of res ipsa loquitur and placing a detailed explanation on the same

Op Eds OP. ED.

Determination of Liability and Interpretation of Terms of the Contract | DLF Ltd. v. Leighton India Contractors (P) Ltd.: A case comment

by Love Kumar Gupta†

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Is Service Tax chargeable on the services rendered by the foreman in the chit fund business? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Dinesha (Judicial Member) allowed an appeal which was filed after being rejected by

Case Briefs Supreme Court

Letter of Intent merely indicates party’s intention to enter into contract; no binding relationship at this stage emerges: SC explains in terms of liability of successful bidder

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. reiterated that a Letter of Intent merely indicates a

Case Briefs High Courts

When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference

Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission

Case Briefs Foreign Courts

Are expert accountants tortiously liable for negligent professional advice? UK SC holds Grant Thornton liable for causing £26.7m loss to Manchester Building Society

Supreme Court of United Kingdom: The 7-Judges Bench comprising of Lord Reed, President Lord Hodge, Dy. President, Lady Black. Lord Kitchin, Lord

Case Briefs Foreign Courts

[Clinical Negligence] | What is the scope of medical practitioner’s duty of care? Is he liable for “coincidental injury” not within scope of his duty?

UPDATE: Appeal preferred by the respondent against this decision before the UKSC has been unanimously dismissed.[Khan v. meadows, [2021] UKSC 21, decided

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can insurance company repudiate claim if insured suppresses fact of suffering from ailment while taking policy? Telangana State Consumer Forum answers

State Consumer Disputes Redressal Commission, Telangana: Justice MSK Jaiswal (President) and Meena Ramanathan (Member) upheld the District Commission’s Order observing the consequence

Op Eds OP. ED.

Avoidable transaction and the offenders window of escape: A perspective

by Naman Singh Bagga†, Maneesh Subramaniam†† and Anurag Tripathi†††