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Supreme Court of India

S. P. Mani and Mohan Dairy v. Dr.snehalatha Elangovan

Neutral citation
Reported as [2022] 9 S.C.R. 634
Bench Surya Kant and J. B. Pardiwala JJ.
Decided 16 September 2022

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

In the result, this appeal succeeds and is hereby allowed with no order as to costs.

Judgment, page 35

From the headnote

Negotiable Instruments Act, 1881 – ss.138 and 141 – Partnership firm – Cheque dishonour case – Vicarious l iability of the partners – Held: Burden is on Board of Directors or of ficers in charge of the affairs of the company /partners of a firm to show that they were not liable to be convicted – Existence of any special circumstance that makes them not liable is somethin g that is peculiarly within their knowledge and it is for them to es tablish at the trial to show that at the relevant time they were not i n charge of the affairs of the company or the firm – Criminal liability is attracted

Authorities it was built on

Where later benches applied it

Of those, 2 referred to · 2 mentioned

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