Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Proceedings against petitioner without arraying the firm as an accused - Held, once it is established that it is partnership firm and cheque was issued by managing partner of firm, arraying firm as an accused is necessary - Proceedings against petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused was not drawer of cheque - Cheque issued by deceased partner of accused from his personal account - Complainant failed to demonstrate and prove a nexus of said personal account to be integral part of account of business - It was also not proved that at the time when..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 2(a) -- An aggrieved wife or female, living in a domestic relationship in the nature of marriage, can file complaint against a relative of husband or against male partner...........
Partnership Act, 1932, Section 32 -- Partnership firm - Retirement of partner - Liability - It is only when third party borrower agrees to relieve erstwhile partners from obligation that they can get benefit - As long as third party did not accede to request, liability continues to be with them...........
Partnership Act, 1932, Section 31 -- Partnership firm - New partner - Liability - A person who joins partnership firm as a partner subsequent to obtaining loan by the firm cannot be fastened with liability which was existing anterior to the date on which he joined...........
Criminal Procedure Code, 1973, Section 227, Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Section 5 - - Offence u/s.5 of the Act of 1997 - Prosecution of partner - Held, obligation for petitioner/accused to prove that offence took place without their knowledge or that he exercised all due diligence to prevent such offence arises..........
Criminal Procedure Code, 1973, Section 421 -- Firm alone made accused - Managing partner representing the firm - Conviction of accused - Imprisonment for default in payment of fine - Managing partner who represented the firm cannot be sentenced to undergo imprisonment for the default in payment of fine - Punishment of fine can be enforced against the company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Plea by a partner that he is not responsible for the conduct of the business of the firm is available to a partner who is not a signatory to the cheque - Partner who is operating the accounts of the firm cannot escape prosecution u/s 138 of the Act with a plea that he was not the managing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by firm - Complaint against partner of firm - Complaint not filed against principal accused, the firm - No averment in complaint that partner was in charge of and responsible for the conduct of business of the firm at the time of commission of offence - Entire proceedings abuse of process..........
Partnership Act, 1932, Section 32 -- Partner - Retirement - Effective date - Partner retires from date of information of retirement and not from date when information was given to Registrar...........
