Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Vicarious liability - It is necessary to specifically aver in a complaint u/s 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company - This averment is an essential requirement of Section..........
Criminal Procedure Code, 1973, Section 389 -- Appeal - Grant of bail - Conviction for offence u/s 302/34 of IPC - Statement of mother of deceased is corroborated by two witnesses PW2 and PW3 - No reason for false implication of appellants - Deceased had worked at field of accused for only 2 to 3 hours and thereafter left the place - Deceased was in company of appellant..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, 501, 502, 34, 5, 7 - - Defamation - Quashing of complaint - Prosecution of Chairperson and Managing Director of publication company - No specific averments in complaint against them - Allegations made by complainant are prima facie vague and based on presumptions - Held, in absence of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - There is no specific, clear and unambiguous allegations as to how and in what manner petitioner was responsible for conduct of business - No specific role assigned to petitioner in respect of..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Contributory negligence - Travelling on roof top of bus - One passenger lost his life - Liability of insurance company - Held, travelling on roof top of bus does not absolve Insurance company of its liability - Insurance Company is liable to indemnify insured to pay compensation even in respect of claims arising out of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Summoning of director - Legality - In title of petition, as also in affidavit supporting it, petitioner has stated himself to be director of company - If petitioner had resigned from directorship of company way back on 27.07.2010, then it was not understandable as to how he..........
Criminal Procedure Code, 1973, Section 482, Consumer Protection Act, 1986, Section 27, Companies Act, 1956, Section 5 -- Complaint against Director of Company alleging deficiency of service - On death of such Direction execution proceedings initiated against petitioner, daughter of Director who was also one of the Directors for non compliance of order of Consumer Forum -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Held, in order to invoke S.141 of NI Act, necessary averments should be found in complaint, u/s 138 of NI Act - Purpose of issuing notice to accused for compliance of demand made therein is not for fastening..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Quashing of - Except in the cause title there are no averments and allegations in complaint that applicant No.2 was Director of company who has issued the cheque - Apart from that even there are no further..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer -Commercial purpose - Car - Manufacturing defect - Contention by OP that the complainant is a Company which is running its commercial business and the vehicle also was purchased for a -'commercial purpose-' - Not the case of complainant if the vehicle was purchased by it for the use of the Director or any other..........
