Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Two partners - Death of both the partners - Constitution of new firm consisting of son of deceased partner and his mother - Held, new firm is not liable u/s 138 of the Act - Plea regarding new firm inheriting assets and liabilities of the erstwhile firm is foreign to the criminal..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by attorney on behalf of partnership firm - Maintainability - Held, requirements of S.142 N.I. Act would stand fulfilled when complaint was made in writing and was instituted by payee or the holder in due course or someone duly authorized by firm - Though S.142 of the Act does not..........
Partnership Act, 1932, Section 4, 5, 7 -- Partnership - Agreement evidencing legal incidents of partnership stipulating that business will be carried jointly in equal shares with effect from a mentioned date - Date of effect of partnership cannot be postponed to a future date merely because there was a prescription in the agreement that parties would execute a formal deed..........
Partnership Act, 1932, Section 47, 48, Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partnership firm - For appointment of Receiver in a suit for winding up of partnership firm, for settlement of accounts and for rendition of accounts the question of possession of partnership property by either party is not of much relevance...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners - Quashing of proceedings - When cheques in question came to be dishonored for which complaints have been filed are admittedly signed by original accused No.3 accepting personal liability to pay said amount to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of a partner - There has to be evidence that at the time the offence was committed, the partner was in-charge of and was responsible to the firm for the conduct of the business of the firm...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Eviction decree - Trial court on thorough examination of evidence discovered that preparation of partnership deed was only sham affair and in fact there did not exist any partnership deed between tenant and sub-tenant - Evidence on record proved sub-letting - Held, eviction justified - No interference required -..........
Evidence Act, 1872, Section 101 -- Eviction petition - Burden of proof - Tenant's plea that partnership business was running in shop with consent of landlady - Held, burden lay upon tenant to establish claimed fact - Burden wrongly shifted on landlady for not admitting fact in plaint that any partnership business was started by the defendants with her consent...........
Transfer of Property Act, 1882, Section 111 -- Eviction - Sub-letting - Proof of - Tenant admitted petitioner as landlady - Tenant's plea that partnership business was running in shop with consent of landlady - Held, tenant under legal obligation to establish that partnership deed created by him to run business in shop was with consent of landlady and that he did not want..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by firm - Cognizance - Challenge thereto - A definite allegation is made against petitioner regarding issuance of cheque on behalf of firm - Contention of petitioner regarding signatures and also retirement from the partnership firm at the time of issuance of cheque - Held, contention is to..........
