Showing : 1-10 of 42 Results

DELHI HIGH COURT
Year of decision: 2011
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
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...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Partnership firm - Prosecution of partners of firm - Cheques shown to be signed by Respondent No.2 in capacity of authorised representative of Respondent No.1 - Material or record evidencing that Respondent No.2 participated actively in day to day transactions of firm - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Partnership firm - Petitioner Manager of the partnership firm - Cheque neither signed nor issued by petitioner and cheque also not issued from account maintained by him - Nothing in complaint to show that he was responsible for the conduct of business of the company, or was..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Partnership firm - Two partners - One partner signed the cheque on behalf of the firm and the cheque was issued in his own name - Cheque dishonoured - Complaint against other partner - Held, complainant is co-drawer meaning thereby that he is the co-drawer as well as payee of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Partnership firm - Cheque issued by one of the partners of the firm - Complaint filed only against the partner who had signed the cheque and the partnership firm - Death of said partner during pendency of complaint - Other partners impleaded after a period of 5 years of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Complaint against firm and its partners - Quashing of complaint sought on the ground that petitioners are not partners of the firm - Complaint cannot be quashed on this ground - This plea can only be determined at the trial and cannot be gone into u/s 482..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Complaint against partnership firm and its partners - Averment in complaint against accused Nos.2 & 3 that they were the partners of the firm and were responsible for all sort of business affairs of the firm - Criminal liability can be fastened against those partners who at..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Only the power of attorney, agent or a person authroised in writing by the payee or holder in due course of the cheque, is a competent person to present the complaint - Demand notice issued and complaint filed by a person describing himself as proprietor of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Unregistered partnership firm - Complaint filed by Manager not duly authorized - Held, complaint by unregistered firm can only be filed through one of its duly authorized partners or its duly authorized officer and not through Manager who is not duly authorized - Dismissal of..........

Showing : 1-10 of 42 Results