Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Purchase of vehicle by taking loan - Default in payment of loan amount - Vehicle seized - One of the partners of the firm gave a loan to repay the loan amount of the company and that accused issued a cheque to discharge his legal liability - No sane person would advance loan to a person who has already..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Flat allotment - Cancellation of flat of allottee as she was a defaulter and failed to get the sale deed executed within the stipulated time - Construction company cannot be held guilty of deficiency in service on its part - Since it had been within its right cancelled the allotment order in favour of complainant..........
Civil Procedure Code, 1908, Order 29, Rule 1 -- Suit by company through one of its Directors - Plaint instituted by Director only on the authority of Chief Executive Officer - Evidence not produced to prove that Director was appointed by a resolution of the company to file suit and authorised the Director to do so - No resolution was passed by the Board of Directors..........
Criminal Procedure Code, 1973, Section 482, Motor Transport Workers Act, 1961, Section 2(h) -- Quashing of Criminal proceedings - Complaint against petitioners, who are MD and Managers of company for offence allegedly committed under Motor Transport Worker Act, 1961 - Company is a courier company utilising motor vehicles and hence Tamil Nadu shops and Establishments Act,..........
Drugs and Cosmetics Act, 1940, Section 27, 18, 19, Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Rules, 1945, Rule 75A, 96, 97 -- Cognizance of offence - Company `G' without obtaining loan license, marketed drugs manufactured by company `E' - Drugs in question misbranded - Cognizance of offence taken - Petitioners, Chairman a Managing Director of company..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Accused killed her sister and robbed her gold ornaments - No eye witness of alleged occurrence - Case based on circumstantial evidence - Accused acquitted - Held: (i) Not proved that accused was last seen in the company of the deceased; (ii) Plea that accused kept gold ornaments with gold smith not..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - Claim by husband from wife - Wife ready to maintain husband in case he joins her company - Offer is conditional and not absolute - Wife had projected in reply that husband was welcome to stay with her - Order of maintenance cannot be passed on the basis of such averment of wife...........
Motor Vehicles Act, 1988, Section 149, 147(1)(b) -- A jeep insured to carry six passengers - Jeep was carrying 15 persons - Jeep fell into a ditch causing death of 7 persons and injuring others - Held, liability of Insurance Company to pay compensation was limited to six persons - However, Insurance Company directed to pay entire amount of compensation awarded by Tribunal..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Additional director - Quashing of proceeding - In profile, it is mentioned that petitioner is designed as director, however, against which petitioner has produced Form No.32 issued by Registrar of Companies, in which it has been specifically mentioned..........
Haryana Municipal Act, 1973, Section 100 -- Limitation - Petitioner company filed appeal impugning notice wherein demand of house tax was raised - Appeal dismissed being time barred - Petitioner company contended that period of limitation was to be reckoned from date of issuance of notice and not from the date of passing of assessment order - Plea of petitioner company..........
