Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - During pendency of proceedings Company was dissolved - Signatories/directors cannot escape from their penal liability u/s 138 of the Act by citing its dissolution - What is dissolved is only company, not personal penal liability of accused covered u/s 141 of the Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - It is personal liability of husband to pay maintenance to his wife and daughter - Husband is not discharged from his liability to pay on the ground that he is a day labourer and he has to maintain his parents...........
Consumer Protection Act, 1986, Section 12(1)(c) -- Consumer complaint - Numerous consumers having same interest - Complainant is neither a voluntary consumer association nor a registered body - Nor permission of appropriate forum has been sought by complainant - Complaint is not maintainable - Since, appellant is an employee engaged by sole proprietorship consultancy,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant no.1 as party - Injunction suit - Matter pertains to forest department - Control of forests vested in State Government and not defendant i.e Municipal Corporation at the time of filing of suit in the year 2018 - Plaintiff therefore, cannot be impleaded defendant as a party only because at some..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to aged parents - Liability of son - Petitioners are father and mother of respondent and they are aged 75 and 70 years respectively - Respondent is a driver and he has sufficient means to maintain petitioners - Son is under personal obligation to maintain his aged parents - It is a legal obligation not dependent on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount was advanced on basis of personal relation, therefore, preparation of other documents was not required under law and cheque issued by accused is best document for showing liability of accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant capable to advance loan - Loan was advanced on basis of personal relations - Held, preparation of other documents not required and cheque issued by accused is the best document for showing his liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Dissolution of company during pendency of proceedings - Directors and other accused cannot escape by citing its dissolution - Only company is dissolved, not personal penal liability of accused covered u/s 141 of the Act...........
Consumer Protection Act, 1986, Section 27 -- Penalty - Default committed by Society - Order of imprisonment cannot be passed against Secretary of Society for the default committed by Society in the absence of personal liability imposed on Secretary...........
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...........
