Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants being partners of Firm cannot escape from their liability because a partnership firm is not really a legal entity separate and distinct and it can have a legal persona only when it is considered along with its partners...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants are partners who have executed a Power of Attorney in favour of one `S' to look into affairs of firm i.e. financial and other liabilities - `S' has acted on the basis of Power of Attorney executed by applicants and he has issued cheque on behalf..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - PW3, manager of fish firm owned by deceased deposed that deceased used to earn Rs.15,000 p.m from the wholesale business of fish - Courts below assessed the income of deceased @ Rs.7,000 p.m which was not correctly assessed on the basis of evidence on record - Income of deceased..........
Constitution of India, 1950, Article 32, 142 -- Clubbing of FIRs - FIRs were registered on complaints of investors of depositors who were alleged to have been duped by firm diverting funds leading to loss of their life's savings - After investigation if a charge sheet is filed, trial will have to be proceeded with, producing witnesses being investors of depositors from..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of claimant - Registration of firm of claimant took place in 2006 and income tax returns produced are also for assessment years 2005-2006 and 2006-2007 relatable to financial years 2004-2005 and 2005-2006 which are prior to accident which occurred in 2007 - It cannot be said that claimant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against accused as proprietor of firm, whereas cheque was issued by partnership firm and partnership firm not arraigned as an accused - Non impleadment of firm is a curable defect - Effective trial not yet commenced - Complainant permitted to file an application..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partners of firm are liable for dishonour of a cheque, even though cheque may have been issued in the name of firm and offence is committed by firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - There is no concept of vicarious liability of partners as such in case of a partnership firm - Liability is joint and several because a partnership firm is business of partners and one cannot proceed against only the firm without partners being made liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Liability of partners along with partnership firm is joint and several, even in absence of a partnership firm being proceeded against by complainant by issuance of legal notice as mandated u/s 138 of the Act or being made an accused specifically in a complaint filed..........
