Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Notice issued to company - Company not made an accused - Complaint filed against directors only - Directors even if not alleged to be incharge of the business of the company and were responsible to the company for the conduct of the business of the company in the complaint then the same can well be supplied at..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Company - Cheque drawn by Company signed by Managing Director - Notice to Company is a must - Notice addressed to the Managing Director of the Company by name making demand for payment on dishonour of cheque - Held, in the absence of notice to the Company which had drawn the cheque offence under Section 138 is not..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Company - All the directors arrayed as accused - Held, it is open to the accused to make it clear by filing application fixing responsibility - If such an application is made, Court may pass necessary orders giving notice to the complainant...........
Motor Vehicles Act, 1939, Section 96(2)(ii) -- Valid driving licence - Insurance Company never gave any notice to the driver or the owner at any stage of the proceedings to produce the licence - Held, it is not open to the insurance company to contend that the driver was not holding a valid licence at the time of the accident...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice issued to Company and not to directors - Company not arrayed as accused - Notice to company cannot be deemed to be a notice to the Directors - Issue of notice to the Director of the Company was required as the Director may have in order to avoid his criminal prosecution made payment of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Cheque issued on behalf of Company by its Director - Company is maker of the cheque - Cheque dishonoured - Notice issued to the Company is sufficient - Separate notice to the Director is not required...........
Negotiable Instruments Act, 1881, Section 138 -- Company - If after notice payment has not been made by a Company merely on the ground that a petition for its winding up has been presented, it amounts to `failure to make payment' under S.138...........
