T.N. Protection of Interests of Depositors (In Financial Establishment) Act, 1997, Section 5, 13 -- Proceedings before special court - Applicability of Cr.P.C - Held, provisions of Cr.P.C. shall be applicable to proceedings before a special court - For the purpose of provisions of S.13 a special Court shall be deemed to be a Magistrate - Said provision makes it very..........
Negotiable Instruments Act, 1881, Section 138 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Accused convicted and sentenced to 10 years RI and to pay a fine of Rs.1 lakh and in default of payment of fine to further undergo RI for two years - Accused already undergone substantive sentence of 10 years awarded to him and is in jail due to non-payment of fine - Held, term of imprisonment in..........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of Cheque - Offence by company - Complaint filed against Company and three others including petitioner - Petitioner neither signed any cheque nor he was privy to decision to issue cheques - Held, case against petitioner cannot be brought within purview of S.141(2) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint is maintainable only when proprietor of the firm proves his nexus or connection with the firm as a proprietor - Mere statement in affidavit in this regard is not sufficient - Proprietor has to produce documentary evidence to connect himself with the firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint is maintainable in the name of `payee' a proprietary concern itself or in the name of the proprietor of the concern...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Issue as to ownership of firm - Can be resolved only by having recourse to general law i.e. Companies Act 1956 or by civil law where an individual carries on business in the name or style other than his own name and not by taking recourse to S.142 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance - Cheque not signed by petitioner - Signatory of cheque not claiming that his signatures have been forged - Signatory admitting his signatures on cheque and that cheque was given by the firm of which he is the proprietor - Vicarious liability of petitioner not alleged in the complaint - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Purchase of vehicle by taking loan - Default in payment of loan amount - Vehicle seized - One of the partners of the firm gave a loan to repay the loan amount of the company and that accused issued a cheque to discharge his legal liability - No sane person would advance loan to a person who has already..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2.570 gms of opium - Accused in custody for almost three months - Quantity slightly more than permissible limit - Petitioner having no criminal history - Bail granted...........
