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...or for the benefit of his company for the breach of his duty to the company as a Director or penal proceedings against a Director for breach of the 1948 Act. It was this line of reasoning...:“281. Power of Court to grant relief in certain cases.— (1) If in any proceeding for negligence, default, breach of duty or breach of trust against a person to wh...breach of trust, but that he has acted honestly and reasonably, and that having regard to all the circumstances of the case, including those connected with his appointment, he ought fairly to be excused for the negligence, ...
...Committee, based his conclusion on the simple ground that any benefit obtained by a fiduciary through a breach of duty belongs in equity to the beneficiary. It is held that a gift accepted by a person in a...fiduciary position as an incentive for his breach of duty constituted a bribe and, although in law it belonged to the fiduciary, in equity he not only became a debtor for the amount of the bribe to the...not entitled to retain the excess since equity would not allow him to make any profit from his breach of duty. Accordingly, it is held that to the extent that they represented bribes received by the...
...the party complaining should be able to prove that he has suffered damage in consequence of a breach of that duty.”15. In Jacob Mathew (2005) 6 SCC 1 this...:“Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human aff...care on the part of the party complained of towards the party complaining of the former's conduct within the scope of the duty; (2) breach of the said duty; and (3) consequential...
...a private company, it is a public company. Further, counsel submitted that it cannot be said that there was gross negligence, misfeasance or breach of duty on the part of the directors...gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company.5. Here it is seen that the petitioners have been contending that the assessment...similar question. It was held that “the company was disputing its liability to tax and this was enough proof that the non-recovery of taxes could not be attributed to neglect or breach of duty on the...
...prosecution are two different and distinct aspects. Criminal prosecution is launched for an offence for violation of a duty the offender owes to the society, or for breach of which law has provided that the offende...Evidence Act”). Converse is the case of departmental enquiry. The enquiry in departmental proceedings relates to conduct or breach of duty of the delinquent officer to punish him for his misconduct defined...is of a grave nature involving complicated questions of fact and law. Offence generally implies infringement of public duty, as distinguished from mere private rights punishable under criminal law...
...different and distinct aspects. The criminal prosecution is launched for an offence for violation of a duty, the offender owes to the society or for breach of which law has provided that the offender shall make sat.... The enquiry in a departmental proceedings relates to conduct or breach of duty of the delinquent officer to punish him for his misconduct defined under the relevant statutory rules or law. That the...nature involving complicated questions of fact and law. Offence generally implies infringement of public (sic duty), as distinguished from mere private rights punishable under criminal law. When trial for...
...“negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision...it was argued that because the cause of action in both nuisance and negligence included the infliction of actual damage as an essential element, “breach of duty” should also be understood as confined...‘breach of duty’ cannot be restricted to those giving rise to causes of action in which the infliction of actual damage is an essential element, for the words in parenthesis expressly extend to a ...
...prosecution are two different and distinct aspects. Criminal prosecution is launched for an offence for violation of a duty the offender owes to the society, or for breach of which law has provided that the offende...Act”). Converse is the case of departmental enquiry. The enquiry in a departmental proceeding relates to conduct or breach of duty of the delinquent officer, to punish him for his misconduct defined...is of grave nature involving complicated questions of fact and law. Offence generally implies infringement of public duty, as distinguished from mere private rights punishable under criminal law. When...
...Registrar of Companies may proceed against the petitioner for alleged negligence, default, breach of duty, misfeasance or breach of trust on the basis of the show-cause notices. Assuming ...being prosecuted for alleged negligence, default, breach of duty, misfeasance or breach of trust as detailed in the show-cause notices issued by the respondent?10. The petitioner a...the affairs of the company.15. In the matter of proceedings for negligence, default, breach of duty, misfeasance or breach of trust or violation of the statutory ...
...storage is regulated by statutory provisions, if not, whether any breach of common law duty has occurred and whether the governmental authorities are liable in damages, arise. Petitioner says that there...was a breach of duty on the part of the officers of Government in not preventing storage of harmful chemicals in a residential block. It is also urged that the handling of the pesticides ...are not a little disturbed that the State of U.P, which is impleaded here, has taken a neutral stand and has not even chosen to file a counter-affidavit. Petitioner urges that there has been a breach...
...healthy condition. The burden of proof is on the respondents to prove that there was breach of duty on its part and that the occurrence had taken place for not taking reasonable care. In the nature of...the things, it is difficult for the Corporation to inspect every tree to find out whether it is in a healthy or decaying condition. The standard of care is not as high as in the case of breach of a statutory ...to establish that the appellant was remiss in its periodical treatment to the plants but was careless in the breach of specific legal duty of care towards the deceased Jayantilal. The Corporation...
...the same tests as are applied in an action for damages for negligence.14. Negligence as a tort is the breach of a duty caused by omission to do something which a....)15. The definition involves the following constituents:(1) a legal duty to exercise due care;(2) breach of the ...(3) consequential damages.16. The breach of duty may be occasioned either by not doing something which a reasonable man, under a given set of...
...-alia that provisions of section 179 of the Act can be invoked, unless the director proves that the non recovery could not be attributed to any gross neglect, misfeasance or breach of duty on his part in...investment was destroyed with no act of negligence or breach of duty on part of any of the directors. Despite best efforts, the director could not even secure the insurance claim for the building ...recovery from the company cannot be attributed to any gross negligence. misfeasance or breach of duty on part of the directors.6. Ignoring such pleas of the petitioner, the respondent...
...for damages based as it was on an alleged breach of duty on the part of a common carrier, should be held to be on tort, and the cause of action could be held to arise only at the place where the...in order to establish liability. Failure on the part of the carrier to deliver the goods safely is a breach of a duty placed upon him by the common law; and therefore, an action of tort lies against...subordinate Judge on this question.
(5) It is next contended that, the suit being one for damages for injury to the goods by reason of a breach of duty of the carrier, it should be held to...
...seen as per Section 633(2) of the Companies Act, the Court can grant relief in any proceedings for negligence, default, breach of duty and misfeasance or breach of trust...negligence, misfeasance and breach of duty. It is not the stage at which, the Court can decide that the petitioner has acted honestly and reasonably, as it is a fact to be examined from a detailed enquiry...1. This petition is filed under Section 482 of the Criminal Procedure Code, 1973 seeking to quash the...
...delay in informing the theft to the insurer, when the same was already informed to the law enforcement authorities, cannot amount to a breach of “duty to cooperate” of the insured...the complaint before the District Forum, the respondent no. 1- Insurance Company repudiated the claim of the complainant vide its letter dated 19.10.2010, stating inter alia that there was a breach of...committed the breach of Condition No. 1 of the Insurance Contract, it would be beneficial to reproduce the said condition, which reads as under:“1. Notice shall be given in...
...:“633. (1) If in any proceeding for negligence, default, breach of duty, misfeasance or breach of trust against an officer of a company. It appears to the Court hearing the case tha..., default, breach of duty, misfeasance or breach of trust.2. Where any such officer has reason to apprehend that any proceeding will or might be brought against him in respect of an...or breach of trust, he may apply to the High Court for relief and the High Court on such application shall have the same power to relieve him as it would have had if it had been a Court before which a proceeding against that officer...
...the principal makes agent liable if the agent is not conscious of his duty. The courier is therefore answerable under law for any omission or commission done at the Customs station as well as for breach.... Such dose of penalty is preventive measure to deter recurrence of mischief. We do not even hesitate to say that the breach of duty of aforesaid nature requires action of the Commissione...of duty under law. We are also surprised to know how the Commissioner (Appeals) found the courier respondent to be innocent when the respondent has failed to enquire the contents of consignment and...
...cannot be recovered from him inasmuch as he is not responsible for any neglect or misfeasance or any breach of duty on his part in relation to the affairs of the company. 7. The company...proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company." 9. In view of the...or misfeasance or any breach of duty on his part in relation to the affairs of the company. 10. The petitioner in that connection has submitted a representation /objection dated...
...prosecution is launched for an offence for violation of a duty, the offender owes to the society or for breach of which law has provided that the offender shall make satisfaction to the public. So crime is an act ...a departmental proceedings relates to conduct or breach of duty of the delinquent officer to punish him for his misconduct defined under the relevant statutory rules or law. That the strict standard.... Offence generally implies infringement of public duty, as distinguished from mere private rights punishable under criminal law. When trial for criminal offence is conducted it should be in accordance...