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Supreme Court of India

Aneeta Hada v. M/s. Godfather Travels & Tours Pvt. Ltd.

Neutral citation
Reported as [2012] 5 S.C.R. 503
Bench Dalveer Bhandari J.
Decided 27 April 2012

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.

20 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 B of others.

Judgment, page 42

From the headnote

Liability: Vicarious liability - Held: An authorised signatory of a company cannot be held liable for prosecution uls.138 of the Negotiable Instruments Act, 1881 or uls.67 rlw s.85 of Information Technology Act, 2000 without the company being arraigned as an accused - Information Technology Act, 2000 - ss.67, 85 - Negotiable Instruments Act, 1881 - ss.138, 141. Negotiable Instruments Act, 1881 - s.141 - Statutory intendment of - Held: s. 147 stipulates that if a person who commits offence uls. 138 of the Act is a company, the company as well as every person in-charge of and responsible to the

Authorities it was built on

Where later benches applied it

Of those, 9 relied on · 11 referred to

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