Negotiable Instruments Act, 1881, Section 138, 141 -- Firm - Managing partner issued cheque to discharge liability of firm - Cheque dishonoured - It is not essential to prosecute the firm/company also before the person in charge is sought to be prosecuted...........
Partnership Act, 1932, Section 69 -- Partner - Forcible breaking lock of shop of partnership firm and taking away certain articles lying therein - Suit for damages - Such suit is not a suit for enforcing right arising out of contract or for enforcing a right conferred by Partnership Act - Such suit is essentially a suit for damages for misconduct and is not barred by S.69..........
Negotiable Instruments Act, 1881, Section S.138 -- Dishonour of cheque - Firm - Complaint or appeal by a person who is not proved to be a partner of the registered Company/firm is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint maintainability - Appeal - Complaint and appeal filed by `L* as Managing partner of the appellant Company - Despite objections by respondent he failed to prove that he was partner of the company which is stated to be registered - Held that criminal complaint or the appeal filed on behalf of a..........
Essential Commodities Act, 1955, Section 7, 10 -- Fertilizer - Sample found misbranded - Manufacturing company - Conviction of partner responsible for conduct of business of company - Held, manufacturing company cannot be held liable merely for the reason that its name was printed on the bags in absence of any evidence that accused purchased the fertilizer from said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - No averment that applicant is partner of the firm or that he was incharge and responsible to the firm at the time of issuance of cheque - Process against applicant quashed...........
Partnership Act, 1932, Section 24 -- Partnership firm - Partner is an agent of the firm - Notice to agent tantamounts to the principles and vice versa - Notice to a principal is notice to all his agents and notice to an agent of matters connected with the agency is notice to his principal...........
Partnership Act, 1932, Section 25 -- Partnership firm - Liability of partners - It is joint and several - A creditor of the firm can recover the debt from any one or more of the partners - Each partner is liable as if the debt of the firm has been incurred on his personal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - Managing partner or partner is competent to file complaint...........
Partnership Act, 1932, Section 32(3), 72 -- Partnership firm - Retiring partner - Public notice as required u/s 72 of the Act not given - Held, a retiring partner is liable for any subsequent act on behalf of the firm which would bind the firm until the public notice as prescribed by S.72 is given...........
