Vicarious Liability under the Factories Act, 1948
by Sayan Sarkar*
vicarious liability
‘Doctors have no incentive to willfully endanger life in trust-driven healthcare ecosystem’; Rajasthan High Court quashes FIR alleging Medical Negligence
“The solemn obligation of the legal system is to distinguish between misfortune and culpability, and to ensure that human suffering, however profound, does not substitute for proof required under the law.”
‘Justice not a privilege for well-informed/well-represented’; Rajasthan High Court quashes 23-yr-old tree felling criminal case ‘in rem’
“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
No vicarious liability of Daughter for merely receiving money from father involved in fraud case; Rajasthan High Court quashes FIR
“There is no allegation of hatching criminal conspiracy by the petitioner-daughter with her father or any connivance with regard to giving inducement to the complainant and causing loss to him.”
Motor Accident Claim | Vicarious application of contributory negligence of car driver to the passengers, to reduce compensation is illegal: SC
“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”
DCDRC directs hair salon and salon owner to pay compensation of Rs 1 Lakh for botched hair treatment leaving a customer’s hair in tangles
The complainant’s hair became extremely tangled after getting a hair spa treatment. As all efforts to untangle her hair went in vain; she had to cut her hair, which went against her religious tenets and beliefs as a Sikh and the affected her mentally, emotionally and professionally.
NRJ Series | A person cannot be made vicariously liable under Section 34 of IPC without having anyone to share common intention with [(1953) 2 SCC 610]
This report covers the Supreme Court’s Never Reported Judgment, on common intention, dating back to the year 1953.
NCDRC upholds Telangana SCDRC order fastening vicarious liability on hospital in medical negligence case
A consumer complaint was filed before the TSCDRC alleging deficiency of service/medical negligence on part of the staff performing surgery, seeking compensation of Rs 40 lakhs.
Complaint lacks specific averments to fasten vicarious liability of Company Directors; Bombay High Court quashes order against Raymond CMD
The instant complaint was filed against the Chairman and Managing Director, and eight Directors of Raymond Ltd. after the Inspector of Legal Metrology noticed a fabric package which lacked requisite declarations.
Dishonour of Cheque: Delhi High Court sets aside summon order due to lack of specific allegations against directors in the complaint
The Delhi High Court observed that the wanton arraignment of directors without reference to their role in relation to a transaction, or to the issuance or dishonour of a cheque by the company, requires to be deprecated and discouraged, since it amounts to abuse of the salutary process of criminal law.
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.
Explained| Vicarious liability under Section 149 IPC: Impact of reduction in number of convicts below five on account of death of co-accused
Supreme Court: The bench of CT Ravikumar* and Sudhanshu Dhulia, JJ has held that merely because some of the convicts had died
Madras High Court| Directors cannot escape criminal liability on the ground that they are not directly involved in the production of sub-standard Pharma products
Madras High Court: In a petition filed under Section 482 of Code of Criminal Procedure (CrPC) to quash the criminal complaint filed
“Hospitals are vicariously liable for the acts of negligence committed by their doctors”; NCDRC grants compensation of Rs 1 crore to the parents who lost their only child in a corrective surgery for squint eye
Human life is most precious; therefore, it is extremely difficult to decide on the quantum of compensation in medical negligence cases, it is highly subjective in nature.
Explained| Dishonour of Cheques: Can non-executive Directors of the accused company be held vicariously liable under Section 141 NI Act?
Supreme Court: In an appeal against a judgment passed by the Calcutta High Court dismissing the Criminal Revision Application filed
Jharkhand High Court | Criminal proceedings against Directors cannot continue when the Company has not been arrayed as a party
Jharkhand High Court: Sanjay Kumar Dwivedi, J., quashed the criminal proceeding registered under Sections 420, 406, 34, 120-B of the Penal Code
Dishonour of cheque| Partner cannot be held to be vicariously liable when partnership firm is not tried as primary offender: SC
Supreme Court: Explaining the law on vicarious liability under the Negotiable Instruments Act, 1881, the bench of Ajay Rastogi and Sanjiv Khanna*,
2006 Meerut Fire Tragedy| Organizers held guilty! 60:40 liability to compensate victims fixed on Organizers & State: SC
Supreme Court: In the 2006 Meerut fire case, the bench of Hemant Gupta and V. Ramasubramanian, JJ has held the Organizers responsible
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
82 Reports from 21 High Courts: Hijab Row, Uphaar Case, Child Custody Battles, Drug Menace and more | February RoundUp 2022
82 reports on High Court Judgments to read from February 2022. Allahabad High Court Bail 22-year-old woman, burnt and buried due to