Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship concern is not a juristic person - It cannot sue, but it can be sued in view of O.30.R.10 CPC...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - O.30.R.10 CPC does not in any manner debar a suit being filed against proprietor...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Suit against proprietorship firm or its proprietor representing the firm, is one and the same thing...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship is to be defended by proprietor only and not by anybody else - Once proprietor has been impleaded as a party representing proprietorship, no prejudice is caused to, rather its interest is well protected and taken care of by only and only person, who owns proprietorship - O.30.R.10 CPC..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Money due to the firm - Complaint filed by Manager in his individual capacity - Prosecution is defective - Acquittal upheld...........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Plaintiffs had filed an earlier suit against defendants and suit was dismissed as barred u/s 69(2) of Partnership Act, since firm was unregistered - However, defendants in their written statement had specifically urged the plea that suit is not maintainable in view of S.69(2) of Partnership Act - An..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - No obligation on complainant to plead in the complaint as to matters within special knowledge of Company or directors or firm about specific role attributed to them in Company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Administrative role of each director would be within the special knowledge of Company or director of firm and it is for them to establish that they were not in charge of affairs of Company - Contention that specific role attributed to directors should be set out in complaint does not..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Simply mentioning name or levelling vague allegations would not be sufficient to book any person u/s 319 Cr.P.C - Material brought on record must be scrutinized to some extent so as to make a firm opinion whether sufficient grounds are there or not to array a new person for joining the trial...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 410 -- Power of the Chief Metropolitan Magistrate/Additional Chief Metropolitan Magistrate relating to transfer of case - Issue is whether the Chief Judicial Magistrate has the power to transfer the case from one Court to another while exercising its power u/s 410 Cr.P.C./S.450 -..........
