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..........
Partnership Act, 1932, Section 4 -- Partnership firm - Firm may not be a legal entity in the sense of a corporation or a company incorporated under Companies Act, but is merely an association of individuals and firm name is only a collective name of those individuals who constitute the firm...........
Partnership Act, 1932, Section 4 -- Partnership firm - Partnership firm is only a collective of separate persons and is not a legal person in itself...........
Nomination -- Payment made to a nominee or one of the legal heirs, when there are also other legal heirs left behind, is in trust and the person who receives the payment as a nominee holds the money in trust for all the others...........
Service -- Claim of gratuity - Death of aided school teacher - Claim was raised by petitioner/son of deceased teacher - Petitioner contends that husband of deceased was estranged and they have been separated for long - He undisputedly has been paid provident fund dues, for which he was notified as a nominee, as seen from records by mother when she was alive, presumably as..........
Kerosene dealership -- Dealership agreement between partnership firm and IOCL - Agreement itself recognises that in the event of death of one of partners, IOCL may continue dealership with said firm - Therefore, on death of one of partners of firm, business of firm would not come to an end in view of Clause 18 of deed of partnership r/w Clause 13 of dealership agreement -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Custodial interrogation - Mere silence or failure to make self-incriminating disclosures cannot be equated with non-cooperation warranting custodial interrogation - Right against self-incrimination is a constitutionally protected facet of personal liberty and any demand for custodial interrogation..........
Will -- Unnatural disposition - Preferring a legal heir over another legal heir cannot be termed as unnatural disposition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Respondents/senior citizens are admittedly owners of property in question - Though, appellants stated that they had contributed funds for purchase of property in question and construction thereon, however, nothing is on record to..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - No independent witness came forward in the case to support the factum of illegal relationship of wife with respondent no.2 - All the PWs are family members of husband - Even, husband failed to brought on record any proof regarding illicit relationship of wife - In order to make a legal ground in divorce..........
