Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by u, registered Partnership Firm - Applicability of bar u/s 69(2) of Partnership Act - Action u/s 138 of the Act is not a suit to enforce a right arising out of a contract - S.138 of the Act is a penal provision - Bar u/s 69(2) of Partnership Act does not operate in such criminal prosecutions...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Partnership Firm - Registration or no, registration of Partnership Firm will have no bearing insofar as S.141 of the Act is concerned...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by one partner to the other towards his share/profit in the firm - Profit or share in a partnership firm is not a debt of one partner to the other - Both the partners in the firm are in the capacity of owners - Owners of the firm, partners are jointly and severally liable - If for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-impleadment of Sole proprietary - Accused running a Sole proprietary concern - It was neither a partnership firm nor a company nor any other association of persons - Provision of S.141 of the Act thus, not applicable - Complaint lodged against accused in his capacity as sole proprietor of Sole..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint containing sufficient description of (i) the nature of the partnership; (ii) the business which was being carried on; (iii) the role of each of the accused in the conduct of the business and, specifically, in relation to the transactions which took place with the..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 24 -- Dishonour of cheque - Notice - Partnership firm - Notice to a partner is also a valid notice to the firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - In a partnership firm all the partners are personally liable to discharge liability of the firm in their individual capacity as well as under vicarious liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Precise pleadings must be incorporated in complaint to the effect that firm has committed offence punishable u/s 138 of the Act and that Managing Partner of firm is also guilty for being in charge of firm and responsible for conduct of business in that capacity...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Non-joining of company or firm and person responsible for its affairs in their respective capacities and for not incorporating precise pleadings about holding of posts by them in charge as such and their involvement in business in which company is engaged would be..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69 -- Dishonour of cheque - Complaint by unregistered partnership firm - Even an unregistered partnership firm can maintain a complaint u/s 138 of Negotiable Instruments Act...........
