Ni act

Amit bhardwaj (Querist) 24 April 2012 This query is : Resolved
Can a Director or Company's employee or other officer would be personally liable under NI Act. If yes under what circumstances? Any difference under the liability of Executive director or Non executive director?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 24 April 2012
Company is an un natural person and it is run by Directors so they have vicarious liability.

Amit bhardwaj (Querist) 24 April 2012
If a Non executive director had the signing authority to issue the check, by mistake he forgot to sign on the cheque, after the bounce of cheque, BOD don't want to give the payment to that person, due to any fault or anything. Now who is the liable in this case?

ajay sethi (Expert) 24 April 2012
the company and dirctors in charge of day to day management are liable

AAK (Expert) 24 April 2012
as rightly said by Mr.Sethi the person incharge & responsible of day to day management of the company is/are liable..

u have mentioned "...by mistake he forgot to sign on the cheque.." then who has signed the cheque?

The complainant needs to prove who are the persons incharge and responsible for issuance of the cheque.

Suhail A.Siddiqui (Expert) 24 April 2012
In case u remain fail to sign cheque, it pourly inadvertent mistake, which can be rectified or may take any other defence.

prabhakar singh (Expert) 24 April 2012
Company ,indeed.

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