Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Cheating - Quashing of complaint - From testimony of complainant and that of bank official it is prima facie seen that though petitioner was not partner of firm, but he had so represented and executed receipts and..........
Civil Procedure Code, 1908, Order 30, Rule 4, Contract Act, 1872, Section 45 -- Partnership firm - Death of one out of two partners - Law does not warrant impleadment of the legal heirs of the deceased partner for its continuation - There is no question of any abatement on account of the death of such deceased partner...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 30, Rule 4, Contract Act, 1872, Section 45 -- Plaint - Amendment - Partnership firm - Death of one out of two partners - Amendment of plaint sought to alter its cause title to bring about changes that plaintiff is a proprietary concern - Held, the remaining partner of the firm even..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by unregistered firm - Maintainability - Held, unregistered firm is legally competent to lay complaint u/s 138 of Negotiable Instruments Act - Bar u/s 69(2) of Partnership Act is not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 32, 36, Partnership Act, 1932, Section 14 -- Suit for rendition of accounts compromised - Held, there is simultaneous obligation of both parties to stick to their statements - If defendant had a right to implement command of Court by executing decree at the same time defendant had a right to seek an execution of undertaking made..........
Negotiable Instruments Act, 1881, Section 138(b), 141 -- Dishonour of cheque - Notice - Partnership firm - Notice to firm - Partners can be prosecuted without they being issued notice individually...........
Negotiable Instruments Act, 1881, Section 141(1), 138 -- Dishonour of cheque - Partnership firm - Prosecution of partners - Criminal liability u/s 141(1) of the Act depends on the actual role he played notwithstanding his designation or status in the firm...........
Negotiable Instruments Act, 1881, Section 138, 141(1), 141(2) -- Dishonour of cheque - Partnership firm - Prosecution of partners - Narration of facts containing incriminating circumstances and inculpating acts/omission indicating involvement and culpability of the accused is necessary for constituting proper complaint - Mere adoption or reproduction of exact words or..........
Electricity Act, 2003, Section 135, 138 -- Theft of electricity - Proof - Meter and super transformer was in the name of a partnership firm, wherein accused was only one of the partners among six partners - Only respondent has been made accused - Held, it was primary duty of appellant to establish the fact that only respondent was responsible for commission of offence -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by partnership firm - Prosecution of partner - Quashing of proceedings - Petitioner/accused No.4 had already retired as a partner of accused No.1/Partnership Firm - Petitioner/accused No.4 was thus not Partner of accused No.1 at the relevant time..........
