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SHAMIM AHMED
Shekhar Ramamurthy – Appellant
Versus
State of U. P. Thru. Prin. Secy. Home, Lko. – Respondent
JUDGMENT :
1. Heard Shri Satish Chandra Mishra, the learned Senior Advocate assisted by Shri Purnendu Chakravarty and Ms. Soumya Chaturvedi, the learned counsel for the applicant, Shri Anurag Verma, the learned A.G.A. for the State-opposite party No. 1, Shri Prashant Chandra, the learned Senior Advocate assisted by Ms. Radhika Singh and Shri Nilish Anand, the learned counsel for the opposite party No. 2.
2. The present application under section 428 Cr. P.C. has been filed by the applicant-Shekhar Ramamurthy, seeking following prayer:-
3. Learned Counsel for the applicant submits that the facts of the case, in brief, are that the United Breweries Limited (hereinaf
Vicarious liability cannot be imposed on directors solely by virtue of their positions; specific allegations of wrongdoing must exist for criminal liability to be established.
Vicarious liability under Section 34 of Drugs and Cosmetics Act requires specific complaint averments that director/MD in charge and responsible for company business conduct; mere designation insuffi....
Vicarious liability under Section 141(1) of the NI Act must be strictly construed, and the complaint should provide specific averments to establish the accused's responsibility for the company's cond....
Directors cannot be held liable for a company's criminal acts without specific allegations of their involvement; mere directorship is insufficient for establishing vicarious liability.
Liability under the Drugs and Cosmetics Act requires clear averments in the complaint regarding the accused's managerial responsibility; mere directorship is insufficient without evidence of control ....
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