Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship is to be defended by proprietor only and not by anybody else - Once proprietor has been impleaded as a party representing proprietorship, no prejudice is caused to, rather its interest is well protected and taken care of by only and only person, who owns proprietorship - O.30.R.10 CPC..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - It appears that disputed question of fact and law pertaining to limitation was subjudiced in trial Court, which is primary ground in the instant petition for the prayer for quashing and setting aside proceedings u/s 138 of the Act -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company or firm not impleaded as accused - Cheque was given by accused to complainant for covering its personal liability - Commercial institution/establishment as such not required to be impleaded as a party/accused in complaint...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Issue as to whether partnership firm was tenant - For proper adjudication of said issue firm and all its partners allowed to be impleaded suo motu by Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for recovery of damages filed on behalf of partnership firm, alleging that firm stands dissolved - Third party moved application to become party to the suit alleging that firm is still subsisting - Held, if impleadment third party is likely to widen the scope of inquiry, then third party should not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a) -- Shop - Personal necessity - All the partners of tenant firm not impleaded party - Cannot be raised for the first time in revision...........
Civil Procedure Code, 1908, Order 30, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partnership firm - Suit for possession - Death of one partner - Partnership comes to an end - Not mandatory to implead L.R's of deceased partner - Suit can be proceeded with in the name of partnership firm - However, in case L.R's seek to be impleaded on the ground of inter se..........
Civil Procedure Code, 1908, Order 30, Rule 1, 3 -- Firm - Suit for or against - Firm to be impleaded as a party - Facility given to serve notice on firm on any of the partners of the firm does not exempt impleading of firm itself in the suit...........
Negotiable Instruments Act, 1881, Section 138 -- Proprietorship firm - Cheque issued by proprietor - Firm need not to be impleaded as a party - Proceedings can be launched against the person who had drawn the cheque whether it is in his capacity as the proprietor of the firm or in personal capacity...........
Criminal Complaint -- Impleadment as party - Complaint for offences u/S.120B, 420/468/471 IPC for floating no, existing firms - The allegations against the petitioner are that he issued a certificate showing fake inflated export figure without verifying the books of accounts - Plea of the petitioner accused that complaint not maintainable without imploding alleged no,..........
