Notice should be served at Company’s registered office: Maharashtra SCDRC in Consumer Case against Decathlon
SCDRC opined that the submissions made by the complainant for serving notice at the Branch Office could not be considered.
company
Calcutta High Court upholds accused directors’ liability under Negotiable Instruments Act, 1881; set asides warrant against company for being a juridical person
Calcutta High Court held that a juridical person cannot be physically apprehended, and such an order is not executable.
RBI’s Amalgamation Scheme aimed at securing larger public interest and banking industry’s health: Supreme Court
Supreme Court clarified that Clause 3(3) of amalgamation scheme does mention regarding continuation of legal proceedings by or against a transferee bank, but such amalgamation is aimed at securing larger public interest.
Karnataka HC refuses to quash abetment to suicide case against manager and teammates accused of joking about their colleague’s sexual orientation
The Court emphasised that persons belonging to LGBTQ community should be treated with all the love and affection because sensitivity of them being ostracized already pervades in their psyche.
Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers
The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.
Bombay High Court | Independent Non-Executive Director not liable for acts of company when not involved in day-to-day business
Bombay High Court: The Division Bench of K.R. Shriram and Milind N. Jadhav, JJ. took cognizance of a petition which was filed
Wilful Defaulter Circular: A Much-Needed Munition or a Growing Conundrum
by Bishwajit Dubey*, Shatrajit Banerji** and Prafful Goyal***
When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC
Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible
Raj HC | Economic offender should not be dealt as general offender because economic offenders run parallel economy; bail rejected
Rajasthan High Court: Narendra Singh Dhaddha rejected bail and dismissed the petition being devoid of merits. The present bail application has been
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
Section 138 NI Act| Prima-facie indication as to complaint by a company through an authorised employee having knowledge of the case enough for Magistrate to take cognizance
Supreme Court: The 3-judge bench of NV Ramana, CJ and AS Bopanna* and Hima Kohli, JJ has held that when the complainant/payee
Section 138 NI Act| Can’t defeat the complaint merely because it does not elaborate upon Managing Director’s authorisation: SC
Supreme Court: In a case relating to dishonour of cheques where it was alleged that the complaint was filed by the managing
Explained| Sections 138 and 141 of NI Act: Vicarious liability of directors of a company for dishonour of cheques
Supreme Court: Explaining the law relating to vicarious liability of the Directors of a company under Sections 138 and 141 of the
Compliance Checklist for amending the object clause of a company
Gaurav N Pingle, Practising Company Secretary, Pune
Cite as: (2021) PL (CSP) February 68
All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers
Allahabad High Court: Ravi Nath Tilhari, J., addressed a matter wherein a person being the director of the company signed a cheque
Compliance Checklist for Amending the Articles of Association of Company
Gaurav N Pingle, Practising Company Secretary, Pune
Cite as: (2021) PL (CSP) January 75
Del HC | What is the scope of power of revision of HC under CrPC? Court discusses while denying interference in matrimonial matter
Delhi High Court: Subramonium Prasad, J., while addressing the present revision petition expressed that: “A court in revision considers the material only
NCDRC | Whether a company purchasing commercial space for its office is “consumer” under Consumer Protection Act, 2019? Commission answers
National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh (Presiding Member), expressed that whether, for a particular purpose, a company is a ‘consumer’,
Kar HC | In a case where director of a company is to be served notice, which will be considered appropriate “his changed residence” or “office”? HC explains in light of instant facts
Karnataka High Court: B. M Shyam Prasad J dismissed the appeal being devoid of merits. The facts of the case are such
The company, its veil and the arbitration of disputes
by Mikhail Behl* and Anupam Surve**