Supreme Court of India
Himanshu v. B. Shivamurthy & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the considered opinion that commission of offence by the company is an express condition precedent to attract the vicarious liability of others.
Judgment, page 6
From the headnote
Negotiable Instruments Act, 1881 – s.141 and Proviso to s.138 – Maintainability of Complaint – When cheque was drawn by a person as a director of a Company – Appellant borrowed a sum of money from respondent and issued a cheque – When cheque was presented in the bank for encashment, it was returned with the endorsement that funds were insufficient – Respondent issued notice to the appellant – Upon the failure of the appellant to pay the amount due under the cheque, a complaint was instituted – Appellant filed petition u/s. 482 of the Cr.P. . to quash the complaint – Appellant contended that…
Authorities it was built on
Where later benches applied it
- 2021 Dayle De’souza v. Government of India through Deputy Chief Labour Commissioner (c) and Another
- 2024 Bijoy Kumar Moni v. Paresh Manna & Anr.
- 2022 Pawan Kumar Goel v. State of U. P. & Another
- 2022 Dilip Hariramani v. Bank of Baroda
Of those, 1 relied on · 3 referred to
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