...liability of an employer for the tort committed by the servant in course of the employment. But in a penal provision in our (sic) one has to examine the express words of the statute applicable...by any person on his behalf" which is the key to the vicarious liability is within Sub-clause (a) and is not generally applicable to all the sub-clauses. In the latter event the sub-clause must have...liability. Nor am I persuaded by the mere fact of punctuation, because there is another Sub-clause (g) in which the wording for vicarious liability is again introduced," (g) whether by himself...

...it was not being used for any purposes of the State at the time of the occurrence, that was sufficient to absolve the State of any vicarious liability as the employer. The High Court on appeal...cases where vicarious liability of the employer could arise, even though the car was not being use at the time of the occurrence for any purposes of the State. The Trial Court accepted the contention of...employer. The relevant provisions for determining the extent of that liability were not those contained in Arts. 294 and 295 which were primarily concerned with the devolution of rights...

...since the liability is joint and several. The principle behind it, is that in proper cases, the employer will have the right to recover some or all the damages paid under the vicarious liability from...the wrong doer servant on account of the servant's tort, but being the employer, the initial liability to compensate the victim is on the Principal. That does not mean that the wrong doer need not be...in the party array of the proceedings. All tort-feasors should be in the party array of the proceedings so as to maintain an action under the vicarious liability. The legal position would be different...

...is the approach and attitude of the courts while judging the vicarious liability of the employer for negligence of the employee. Negligence is the omission to do something which a reasonable man is...Rajasthan v. Vidhyawati AIR 1962 SC 933, 1962 Supp (2) SCR 989, (1963) 1 MLJ (SC) 70 the question arose with regard to the vicarious liability of the State of Rajasthan. In that case a...determination of vicarious liability of the State being linked with negligence of its officers, if they can be sued personally for which there is no dearth of authority and the law of misfeasance in discharge of...

...whether vicarious liability is established on the facts of a particular case the creation of special risks may not be a relevant factor to be considered.DiscussionVicarious ...imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be said that the employer has introduced the risk of the wrong (and is...imposition of vicarious liability on the employer for the wrong, in terms of fair allocation of the consequences of the risk and/or deterrence."The principle of vicarious liability is not...

...the victims of the accident. This authority is based on vicarious liability of an employer to third parties for negligence or fault of its employees acting in the course of employment. In this...pronouncement, it is clear that liability of the State is adjudicated on the principle of vicarious liability for the acts of omission and commission of its employees. 13. Counsel for the..., this Court had declined to quash the order holding that vicarious liability of the State to pay the compensation awarded is qua the claimants and not qua the employee-driver. 15. There...

.... The same is neither binding nor is conclusive proof or any evidence of there being an employer- employee relationship for attracting the vicarious liability of the opposite party no.2. ...from the point of view as to what is vicarious liability and as to whether the legal tests of control as propounded by our Courts can be applied to impose any liability on the Opposite Party No.2 or not. ..., The Forms and Functions of Tort Law 166 (2002)." 35. The question of vicarious liability is a mixed question of fact and law. In order to ascertain as to whether a ...

...vicarious liability of an employer in respect of acts done by his agent (using a neutral word which includes an independent contractor as also a servant). The distinction between a servant and an ...modifications as the facts and circumstances of a particular case required. We are here not concerned with those nice distinctions which have been drawn in connection with the rule of vicarious liability in...is necessary for purposes of this case contains the following points of dispute between the employer and the workmen:“1. Wrongful dismissal of the workmen mentioned in...

...both sides, it appears to us that the acts or omission in course of employment of OP No. 2 whether it is intentionally or unintentionally is to be Vicarious Liability under Law of Tort. According to BLACK'S LAW D...of an employer for torts committed by employees should not be confused with the liability and employer has for his own torts. An employer whose employee commits a trot may be liable in his own right...between the two parties. __ Also termed imputed liability." "The vicarious liability...

.... Advocates of both sides, it appears to us that the acts or omission in course of employment of OP No. 2 whether it is intentionally or unintentionally is to be Vicarious Liability under Law of Tort. According t...- "The vicarious liability of an employer for torts committed by employees should not be confused with the liability and employer has for his own...whom one day I detect the smell of bourbon, I (along with my employee) may be held liable for negligence if his deriving causes injury. But that is not 'vicarious' liability I am held liable for my...

...Code, save and except some provisions specifically providing therefor, does not contemplate any vicarious liability on the part of a party who is not charged directly for commission of an offence...vicarious liability. It is interesting to note that Section 14-A of the 1952 Act specifically creates an offence of criminal breach of trust in respect of the amount deducted from the employees by the...even in a case falling under Section 406 of the Penal Code vicarious liability has been held to be not extendable to the Directors or officers of the company. (See...

...earned by Variyal from his employer. The employer was a limited liability company and in the normal course, should have been maintaining the relevant records showing the salary paid to a Regional...vicariously liable for payment of compensation. It is this vicarious liability of the owner that is indemnified by the insurance company. A third party for whose benefit the insurance is taken, is therefore...and in respect of employees of the insured employer, the liability that may arise under the Workmen's Compensation Act, 1923 in respect of the driver, the conductor and the one carried in a goods...

...on the footing of tortious liability to extend the vicarious liability of an employer and therefore, the appeal has no merits and resultantly, the same fails.26. In the result, the...(employer) for the tortious act of the first respondent/first defendant (ex-employee) on the principle of vicarious liability in law?”5. Learned counsel for the appellant/plaintiff...is:“Whether the liability to pay a sum of Rs. 6,06,265 along with interest at 18 per cent, per annum as claimed in the suit can be fastened on the second respondent/second defendant...

...vicarious liability fastened on him as an employer of the driver and as owner of the Truck in relation to claims by the victims of the accident caused by the offending vehicle on the specious ground that t...upholding the principle of vicarious liability. It was specifically held in the said decision that once the original act of authorizing the driver to drive the offending vehicle is beyond question...its liability to pay compensation on the principle of vicarious liability. The learned counsel for the appellant has no doubt placed reliance on decisions reported in:- 1...

...because of someone's negligence or carelessness. Same is the approach and attitude of the courts while judging the vicarious liability of the employer for negligence of the employee. Negligence is the...employee executes his authority. If, therefore, the employee does the act in such a manner as to occasion injury to a third person, the employer cannot escape liability on the ground that he did not...see whether the servant is liable and if the answer is yes, the second question is to see whether the employer must shoulder the servant's liability, has been uniformly accepted as stated in Salmond's...

...-insurance companies submitted that on the schemes of the Compensation Act and the Motor Vehicles Act the insurance companies would be liable to meet the liability of the insured employer-owners of the....(2) In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of....—(1) Compensation under Section 4 shall be paid as soon as it falls due.(2) In cases where the employer does not accept the liability for compensation to...

...vicarious liability of one employer upon the other. Each employer, be it successive or simultaneous, is independently liable to comply with the TDS provisions in respect of the amount it pays. Therefore...with this section generally.II. It specifies the categories of income in respect of which a vicarious liability is imposed by Sections 160 and 161 on...collection of a charge which is imposed in general terms elsewhere and yet Sections 160 and 161 are the sections which like Section 201(1) impose a vicarious liability on an agent to be assessed in respect...

...vicarious liability. Vicarious Liability as defined in Black's Law Dictionary is as follows: "vicarious liability (v1-kair-ee-ǝs). (1890) ...the two parties. See RESPONDEAT SUPERIOR. [Cases: Labor and Employment 3026; Negligence 483.] "The vicarious liability of an...about a vicarious liability on the owner of the vehicle the Opposite Party No.7 who is the employer of the driver. This vicarious liability on the Opposite Party No.7 is established keeping in view the...

...Lordships observed that the first of the principles which govern the vicarious liability of an employer for the loss caused to a customer through the misdemeanour or negligence of an employee, is that the...employment, the Insurance Company has to indemnify the owner. No arguments are advanced on other matters.4. The law of vicarious liability of the owner, for the rash and negligent driving by...passenger. The driver and the owner would be bound by the vicarious liability because the driver allowed the passenger in the course of his employment. This Court has also held, reviewing the case law on...

...tortfeasor and in any event, Mr Malhotra contended that applicability of the doctrine of vicarious liability cannot be doubted or be brushed aside in any way whatsoever and since the issue of vicarious.... Be it noted that the doctrine of “vicarious liability” has had a fair amount of judicial attention in the English courts. By the end of the 18th century, the idea began to grow that some special...liability is derived from the relationship and is truly vicarious. At the same time, the phrase “implied authority” which had been the cornerstone of the master's primary liability gives way gradually to...