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Can Corporate Directors Be Held Legally Liable for Criminal Fraud Committed by Employees?

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An individual misappropriates company money, manipulates company documents or makes use of company property in order to commit fraud.   One of the key issues regarding corporate director criminal liability for employee fraud in India is whether the director could be prosecuted solely based on the fact that the employee committed the act inside the company.   Just being a company director does not mean automatic liability. Liability will depend on the applicable law, the position of the director and the connection between the act and the director.   There are grounds for criminal liability if the individual was the one who: ●        personally committed the act; ●        intentionally helped to commit the act; ●        authorised, consented to and connived at the act; or ●        the statute provides him or her with liability. ...

Understanding Local Stamp Duty Implications on Commercial Agreements Registered

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Before signing a commercial agreement, a business should determine its stamping and registration position before execution. The immediate question is not simply how much stamp duty may be payable. The business needs to establish what legal instrument is being created, which State's stamp framework applies, how the duty is valued, whether registration is separately mandatory, and what execution steps must be completed. This assessment should happen while the agreement can still be amended. A document that appears to be an ordinary business contract may receive different treatment if its operative provisions create rights in immovable property, secure an obligation, involve possession, grant a power of attorney or form part of a connected transaction. The practical sequence is: Classify the instrument → identify the State framework → determine valuation → test registration → complete execution requirements. Classify the instrument before calculating duty For businesses sear...

When Does Online Criticism Cross the Line Into Civil or Criminal Cyber Defamation?

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Not every negative review, angry post on social media or comment qualifies as a case of defamation. It all boils down to asking the questions as to what was said, about whom it was said, how it was said, to whom it was said, and what effect was intended or known to be achieved from such communication.   In an online publication, the matter gets even trickier since one post can be quickly replicated and distributed among thousands of people through copying and sharing in a few minutes' time. Yet, the law recognises that criticism, opinions, and communications made in good faith are protected by law.   Thus, understanding cyber defamation laws in India , civil and criminal liability entails much more than just asking whether the person was offended or his or her reputation suffered because of such communication. The key is to determine whether the online statement satisfies the legal requirements of defamation and whether any statutory exception or other defence applies....