Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against a Director or Managing Director as authorised signatory of a cheque is not maintainable without arraying the company as an accused...........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 5(2), , Section 25(a), , Section 482 - - Complaint - Quashing of proceedings - Complaint filed by Joint Director of Health Services only in that capacity not as chairperson of appropriate authority authorized by Government u/s.17(2) and same is not filed by way of complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 12 Cheques - One composite notice - Notice qua 11 cheques not within time - Notice qua one cheque within stipulated period of 30 days - Complaint in respect of 11 cheques quashed - Complaint, in respect of 12th cheque is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Cheque issued by 1st accused company got dishonoured - Bald averment in complaint that petitioners were also involved in day to day administration of company - Except allegations in complaint, there is..........
Consumer Protection Act, 1986, Section 2(a), (c), (d) -- Competency of Forum to entertain the complaint - To be decided by District Forum first as a preliminary issue...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint prosecuted by Secretary of complainant society - Though accused has denied that PW1 was Secretary of society but he failed to led any evidence to prove that some other person was Secretary of complainant society - Thus, Secretary of complainant Society has locus standi to present the..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Complaint u/s 138 of the Act - Legally enforceable debt - Cheque dishonoured with remark `payment stopped by drawer' - There is loan transaction between complainant/respondent and accused/applicant - Accused admitted transaction, execution of documents and receipt of demand notice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Composite notice and complaint - Maintainability - Held dishonour of each cheque will constitute different offences - However, if cheques were inter-connected and pertaining to same transaction and composite notice was given for such cheques, then such composite notice and composite complaint shall be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears..........
Criminal Procedure Code, 1973, Section 190, 200, 482 -- Private complaint - Impleadment of stranger - Not permissible - Held, there is no provision in CrPC to implead or intervene any stranger in a case which is instituted upon a private complaint...........
