Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21, Indian Penal Code, 1860, Section 120B, 409, 420, 465, 468, 471, 477A, 101, 34, Prevention of Corruption Act, 1947, Section 5(1)(c)(d), 13(1)(c)(d), 13(2) -- Quashing of charges on the ground of inordinate delay in recording of FIR and filing of charge sheet - FIR recorded in year 1987 for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Sleeping partner - Quashing of proceedings - Allegations in the complaint that petitioner is a partner and responsible for the affairs of the company - Offence against petitioner whether made out can only be decided after parties lead evidence - Petition to quash proceedings against..........
Registration Act, 1908, Section 17, 49 -- Partnership firm - Dissolution - Property of firm vesting in one partner who held in on his highest bid - Held, document cannot be said to be sale deed as it is arrangement between the partners in regard to the partnership property on dissolution or otherwise as such is not required to be registered...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint can be filed by its Manager, Partner, Director or any person authorized by the company...........
Prevention of Food Adulteration Act, 1954, Section 17 -- Company or partnership firm - Prosecution of - In case of nomination, only a nominee alone with the company/firm is required to be prosecuted - In exceptional cases Directors of a company or partners of a firm can also be prosecuted alongwith the nominee if offence is committed with the consent or connivance of any..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 17 -- Partnership firm - Nominee not prosecuted but another partner prosecuted - No averment against the partner - Even firm also not prosecuted - Conviction set aside...........
Partnership Act, 1932, Section 18, 19, 22, 28 -- Partner to be agent of the firm - Plaintiff gave an advance of Rs.50 lakhs by way of cheque issued in the name of the firm - Promissory notes executed by the partner of the firm - Appellants were partners of the firm during the period when cheque was issued - Prima facie plaintiff could enforce his claim not only as against..........
Airlines -- Deficiency in service - Necessary party - Complainant a British citizen member of the Lufthansa Miles & More Membership Scheme under the frequent flier programme - Awarded a ticket by Lufthansa of the routes specified - The consumer fulfilled her responsibility of having a valid travel document, namely the passport which was in currency and had not expired -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Proprietorship firm - Notice sent to partner in his individual capacity without mentioning him as proprietor of the firm - Held, a valid notice - Proprietorship firm is not a legal entity - It is only the proprietor of the firm who is a legal entity...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint by Managing Partner of a firm in respect of a cheque issued in favour of firm is maintianble...........
