Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
For vicarious liability of a director under Section 141 of the Negotiable Instruments Act, the complaint must specifically aver that the person was in charge of and responsible for the company's conduct of business at the relevant time; mere designation as director, or signing board resolutions alone, is insufficient. On that basis, the summoning order and consequential proceedings against the appellant were quashed. The Court also clarified that a prior revision does not, by itself, bar the High Court's inherent jurisdiction under Section 482 CrPC, which remains available to prevent miscarriage of justice. The High Court's view that Section 482 could not be invoked after revision was held legally erroneous.
For vicarious liability of a director under Section 141 of the Negotiable Instruments Act, the complaint must specifically aver that the person was in charge of and responsible for the company's conduct of business at the relevant time; mere designation as director, or signing board resolutions alone, is insufficient. On that basis, the summoning order and consequential proceedings against the appellant were quashed. The Court also clarified that a prior revision does not, by itself, bar the High Court's inherent jurisdiction under Section 482 CrPC, which remains available to prevent miscarriage of justice. The High Court's view that Section 482 could not be invoked after revision was held legally erroneous.
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