Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Averment that appellants are busy with the day-to-day affairs of the company - This is hardly relevant in the context of S.141(1) of the Act - It cannot be concluded that appellants were responsible to the company for the conduct of the business - Complaint against..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Managing Director - Merely because somebody is managing the affairs of the company, per se, he does not become in charge of the conduct of the business of the company or the person responsible for the company for the conduct of the business of the company - In a given case, a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Appellants are neither signatories to cheques nor are whole time directors - Statutory notice was admittedly not served to accused - Most important averment which is required u/s 141(1) of the Act that Directors were in charge of, and were responsible for the..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Complaint by DDA against company - Finding of fact recorded by trial Court with regard to two directors who came to be acquitted, as they are not in day to day affairs/management of company - It is the company who is legal entity which was sought to be prosecuted - Leave to appeal..........
Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Incident of theft on 26.06 and FIR registered on 27.06 - Intimation given to Insurance Company on 02.07 - There was thus no breach of Condition No.1 of policy...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Theft of vehicle - FIR was registered after the incident of theft and intimation was also given to insurance company - There was thus, no breach of condition No.1 - However, since driver of vehicle was negligent in leaving vehicle unattended with the key in the ignition, there is breach of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Reimbursement of medical expenses - Evidence regarding reimbursement of medical expenses was on record in the form of medical bills - Insurance company has not disputed these documents instead contended that there was no evidence on record to show that payment was made - This is not a correct submission or..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Memorandum of Understanding (MoU) having an arbitration clause exclusively executed between appellant and respondent - MoU contains a description of respective family units and their concerns - Neither Bank nor company are parties to arbitration agreement - MoU indicates that there are certain..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Plea of being nominee Directors and non executive Directors of Company - Petitioners whether incharge of the conduct of business or involved in the day to day affairs of the company is a matter of trial - No ground to quash proceedings...........
