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Oct 17 2012 (FN)

Williams and Others Vs. British Airways Plc

Court : UK Supreme Court

..... 2002 (si 2002/2125), although not directly in issue, provide (in regulation 12) for the same entitlement to paid annual leave, but go on to provide not for civil liability, but for criminal liability in the event of any contravention of regulation 12. british airways argue that the need for legal certainty and the obstacles to any form of interpretive solution are all ..... basis that the same approach is to be transposed to the same language in the merchant shipping (hours of work) regulations 2002, the result would be to expose employers to criminal liability for failing to make an appropriate choice within uncertain parameters. so long as an employer's choice is within those parameters, no problem arises, and, if a bona fide choice ..... principle that the interpretive obligation recognised in cases such as marleasing should not be used with the effect of "determining or aggravating" domestic criminal liability: criminal proceedings against kolpinghuis nijmegen bv (case 80/86) [1987] ecr 3969 , para 14 and criminal proceedings against arcaro (case c-168/95) [1997] all er (ec) 82, para 42. 18. british airways notes that the present situation has ..... would appear remote. if the problem were to prove a real one, then the difference between the present regulations and those imposing criminal liability might itself also require a different approach to the issue of enforceability if it arose in the latter context. 23. i am also unimpressed by the submission that regulation 18 .....

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Oct 03 1991 (SC)

Union Carbide Corporation, Etc., Etc. Vs. Union of India, Etc. Etc.

Court : Supreme Court of India

Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)

..... on contentions [d] and [e] is that all portions of orders dated 14th and 15th february, 1989, touching the quashing of the pending prosecution as well as impermissibility of future criminal liability are set-aside. however, in so far as the dropping of the proceedings in contempt envisaged by clause (b) of para 4 of the order dated 15th february, 1989 is ..... should not be allowed to pass from the hands of judges to private individuals, the doctrine is not attracted where side by side with criminal - liability there was a pre-existing civil liability that was also settled and satisfied. the doctrine, he said, contemplates invalidity based on the possibility of the element of coercion by private individuals for private gains taking advantages of ..... to have been this:. the government as such had nothing to do with the quashing of the criminal proceedings and it was not representing the victims in respect of the criminal liability of the ucc or ucil to the victims. he further submitted that quashing of criminal proceedings was done by the court in exercise of plenary powers under articles 136 and 142 of ..... agreement- and not its consideration-the doctrine of stifling of prosecution is not attracted. where there is also a pre-existing civil liability, the dropping of criminal proceedings need not necessarily be a consideration for the agreement to satisfy that liability. in hamaraih sahu and ors. v. jogi sahu and ors. air 1922 pat 502, this distinction is pointed out:the distinction .....

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Dec 22 1989 (SC)

Charan Lal Sahu Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1990SC1480; (1990)1CompLJ125(SC); JT1989(4)SC582; 1991(2)SCALE841; (1990)1SCC613; [1989]Supp2SCR597

..... for adequate and appropriate reliefs enforceable in courts of law and of equity with sufficient power to offer adequate deterrence in all cases of corporate criminal liability under strict liability, absolute liability, punitive liability and criminal prosecution and punishment to the delinquents. the damages awarded in civil jurisdiction must be commensurate to meet well-defined demands of evolved human rights jurisprudence ..... pradesh or mr. arjun singh, the erstwhile chief minister of madhya pradesh, is on a wrong basis. there is no curtailment of any right with respect to any criminal liability. criminal liability is not the subject-matter of the act. by the terms of the act and also on the concessions made by the learned attorney general, if that be ..... act was to fully protect people against the disaster of highly obnoxious gas and disaster of unprecedented nature. such an object cannot be achieved without enforcement of the criminal liability by criminal prosecution. entering into settlement without reference to the victims was, therefore, bad and unconstitutional, it was urged. if an act, it was submitted, permits such ..... according to shri garg is clearly unconstitutional and therefore, void.52. it was urged that the settlement is without jurisdiction. this court was incompetent to grant immunity against criminal liabilities in the manner it has purported to do by its order dated 14th/15th february, 1989, it was strenuously suggested by counsel. it was further submitted that to .....

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Sep 03 2009 (HC)

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... not so identifiable, then, no act of his, serious or otherwise, was the act of the company itself.104. the contribution of lord diplock in shaping the concept of criminal liability, as expressed in tesco supermarkets ltd. (supra), cannot be ignored. lord diplock described the changing scenario of the corporate business transactions, and the fallout thereof, in the following words ..... for a felony or for crimes involving personal violence? however, since the pronouncement of the decision, in brimingham and gloucester ry. co. (supra), the law, as regards the corporate criminal liability, developed further and came to take, somewhat concrete shape in director of public prosecutions v. kent and sussex contractors ltd. reported in [1944] 14 comp cas 133 : [1944] ..... the knowledge and acts of its officers and agents shall not be attributed to the corporation.43. the 19 american jurisprudence 2d (paragraph 1434), while dealing with the subject of criminal liability of corporations, states as under:lord holt is reported to have said (anonymous, 12 mod 559, 88 eng reprint 1164) that 'a corporation is not indictable, but the ..... complex organisation, which is assimilated into the preexisting individualistic framework of the law by pursuit of fiction and analogy with a natural person.56. in order to trigger corporate criminal liability for the actions of the employee (who must generally be liable himself), the actor-employee who physically committed the offence, must be the ego, the centre of the .....

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Dec 11 2008 (HC)

Sesa Goa Limited and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2008(111)BomLR261; [2009]151CompCas358(Bom); [2009]89SCL169(Bom)

..... sil nor sgl at that time and, therefore, could not have been involved in either the inducement or entrustment. the knowledge relevant for attributing criminal liability must be contemporaneous knowledge. a director cannot be implicated by the mere fact that he obtained knowledge much later of the alleged offence having been committed ..... of the learned counsel for the respondent no. 2 is to be accepted and the corporate veil should be pierced in order to fix criminal liability on account of the sale of pig iron plant of sgl to sil it would defeat the very submission made by the learned counsel that ..... of the companies act. therefore, they cannot be accused of having committed a breach of section 73 of the companies act. moreover unless the criminal liability is stipulated in a particular statute, a person cannot be made liable vicariously. the submission of the learned counsel for the respondent that by lifting ..... petition no. 2739 of 2006 are directors of both the companies sgl as well as sil whereas the others are directors of sgl. the criminal liability of a director would arise only when he is an officer in default as defined in section 5 of the companies act. none of the ..... e) any secretary;f) any person in accordance with whose directions or instructions the board of directors of the company is accustomed to act;35. criminal liability cannot be attached to a person unless there is both mens rea and actus reus attributable to the person. some of the directors like petitioner nos .....

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Sep 20 2005 (SC)

S.M.S. Pharmaceuticals Ltd. Vs. Neeta Bhalla and anr.

Court : Supreme Court of India

Reported in : AIR2005SC3512; 2005(2)ALD(Cri)595; 2005(5)ALLMR(SC)1118; IV(2005)BC425(SC); 2005(3)BLJR2108; [2005]127CompCas563(SC); (2005)6CompLJ144(SC); 2005CriLJ4140; 2005(5)CTC65; 123

..... the primary responsibility is on the complainant to make necessary averments in the complaint so as to make the accused vicariously liable. for fastening the criminal liability, there is no presumption that every partner knows about the transaction. the obligation of the appellants to prove that at the time the offence ..... altogether lacking. the present case falls in this category as would be evident from the facts noticed hereinafter.'it was further observed:'6 ...the criminal liability has been fastened on those who, at the time of the commission of the offence, were in charge of and were responsible to the ..... enactment of sections 138 and 141 has to be borne in mind. these provisions create a statutory presumption of dishonesty, exposing a person to criminal liability if payment is not made within the statutory period even after issue of notice. it is also true that the power of quashing is ..... would have said 'every director, manager or secretary in a company is liable'....etc. the legislature is aware that it is a case of criminal liability which means serious consequences so far as the person sought to be made liable is concerned. therefore, only persons who can be said to be ..... a person is vicariously liable to be held guilty for the offence under section 138 and punished accordingly. section 138 is the charging section creating criminal liability in case of dishonour of a cheque and its main ingredients are :(i) issuance of a cheque.(ii) presentation of the cheque(iii) dishonour .....

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May 29 2008 (HC)

Avnish Bajaj Vs. State

Court : Delhi

Reported in : 150(2008)DLT769; 2008(105)DRJ721

..... have been numerous statutes enacted by parliament thereafter which have incorporated such provisions. for instance, section 85it act is similarly worded as section 141ni act and incorporates a deemed criminal liability of the director. the it act amends certain provisions of the ipc as well. but parliament has chosen not to make any amendment to incorporate such a provision in the ..... capacity, result in his being an accused.13. it requires to be noted that, unlike some other statutes containing penal provisions, the ipc does not incorporate the concept of criminal liability of a director or an employee where the principal accused is a company. in other words, there is no provision similar to section 141 of the negotiable instruments act, ..... this was an automated process and the work of supervising the placing of listings on the website had been delegated to specific individuals like accused no. 3 sharat digumarti. criminal liability cannot be fastened lightly in the absence of a specific case being made out against the petitioner in his individual capacity, particularly since the company of which he was ..... section 292 indian penal code (ipc) and section 67 of the information technology act 2000 (it act). this petition under section 482 of the code of criminal procedure 1973 ('crpc') also raises questions concerning the criminal liability of directors for the offences attributable to a company, both under the ipc as well as the it act, particularly when such company is not arraigned as .....

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Jul 20 1994 (HC)

Dada Silk Mills and ors. Vs. Indian Overseas Bank and anr.

Court : Gujarat

Reported in : [1995]82CompCas35(Guj); 1994CriLJ2874

..... . such interpretation is consistent with the legislative object. it seeks to supplement rather than supplant the legislative object. such an interpretation does not seek automatically to fasten the criminal liability on an accused as under the scheme of section 138 of the said act more than sufficient opportunity is provided to the accused person either to pay up the amount ..... for the petitioners, strenuously urged before this court that on a literal and strict interpretation of section 138 of the said act, one of the most essential ingredients for fastening criminal liability is not satisfied. in his submission, as per the averments made in the complaint, the cheque was dishonoured by the banker not for 'insufficiency of funds', but the ..... decisions on the subject could be broadly classified into two classes, viz., (i) those preferring a strict literal interpretation of section 138 of the act so as to confine criminal liability in cases of dishonour of cheque in two specified classes of cases only, (ii) those preferring wide and purposive interpretation of the provision consistent with the object sought to be ..... the section, it is also suggested that the legislature contemplated various other contingencies where a cheque is dishonoured. the reason is obvious. the legislature itself has before fastening criminal liability provided for a mandatory statutory notice to the drawer of the cheque giving him an intimation of the fact that the cheque given by him is dishonoured for the reason .....

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Apr 27 2012 (SC)

Aneeta Hada Vs. Godfather Travels and Tours.

Court : Supreme Court of India

..... in section 141 of the act applies to the company and the persons responsible for the acts of the company. it crystallizes the corporate criminal liability and vicarious liability of a person who is in charge of the company. what averments should be required to make a person vicariously liable has been dealt ..... with in sms pharmaceuticals ltd. (supra). in the said case, it has been opined that the criminal liability on account of dishonour of cheque primarily falls on the drawee company and is extended to the officers of the company and as there is a ..... , volume 11(1), in paragraph 35, it has been laid down that in general, a corporation is in the same position in relation to criminal liability as a natural person and may be convicted of common law and statutory offences including those requiring mens rea.20. in 19 corpus juris secundum, ..... stipulates the defence which may not be allowed in a prosecution under section 138 of the act. thus, there is a deemed fiction in relation to criminal liability, presumption in favour of the holder, and denial of a defence in respect of certain aspects.18. section 141 uses the term 'person' and ..... deemed offence.(iii) after the amendment of the act, the unscrupulous drawers had endeavoured hard to seek many an escape route to avoid the criminal liability but this court with appropriate interpretative process has discouraged the innovative pleas of such accused persons who had issued cheques as the purpose is to .....

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Dec 15 1938 (PC)

Govindprasad Vasudevprasad Tiwari Vs. Raghunathprasad Indraprasad Mano ...

Court : Mumbai

Reported in : AIR1939Bom289; (1939)41BOMLR589

..... a later case muthusami servai v. n.k. mytheen pichai rowther i.l.r. [1937] mad. 344. it is now well settled that where the debt arose out of the criminal liability of the father the son is not bound to pay it. but if the ratio decidendi of the ruling in natasayyan's case and venugopala naidu's case is accepted ..... case of ramasubramania v. sivakami ammal air [1925] mad. 841. mr. justice venkatasubba rao in that case expressed the view that it was not essential for the son to prove criminal liability against the father in respect of the debt in question in order to claim exemption from payment of such debt, and, after an exhaustive examination of the authorities, he suggests ..... , for which his sons are not liable.their lordships held that illegal debts, that is, debts which do involve the father in criminal liability, would certainly fall within the classification of exempted debts. it seems to me upon the authority of that case that the qualification introduced by mr. justice mookerjee in chhakauri mahton ..... developed long after. in many cases it would be very difficult, if not impossible, to establish affirmatively that there was criminal liability in a matter in which no criminal charge was ever made. moreover one must remember that at the relevant date the father might have been a resident of a native state, or foreign country where the indian .....

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