Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband undermining his income to avoid paying maintenance of appropriate amount to wife - Courts below have rightly taken into account that income of husband dipped around the time of filing of complaint and thus, guessed his income on the basis of partnership business and other..........
Registration Act, 1908, Section 17, 89(5) -- Partnership firm converted into Limited Company - By virtue of formation of company it is company which has become the absolute owner of the subject immovable property by statutory vesting - No further registration is required and stamp duty is not liable to be paid - Judgment be communicated to the Sub Registrar for the purpose..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Neither any notice issued to partnership firm nor partnership firm was joined as an accused - Complaint filed only against one of partners of firm is not maintainable - Proceedings quashed qua the applicant...........
Partnership Act, 1932, Section 42(c) -- Partnership firm - Death of a partner - Firm stands dissolved automatically unless and until there was a contract between remaining partners of firm to the contrary - Business activities even if carried on by remaining partners of firm after death of partner, would be deemed to be carried in their individual capacity...........
Partnership firm -- Death of a partner - Liability of legal heirs - Legal heirs of a deceased partner do not become liable for any liability of firm upon death of a partner...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - Prosecution cannot be maintained without arraigning Partnership firm as an accused in the complaint - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Loan transaction - Cheque is question issued by A4 - Account in bank was being run by A4 - Petitioners being family members of A-4, cannot be roped in only for the reason of being partners in A-1 Firm - Proceedings against petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Liability of partner of Firm - Specific allegations against accused that he was incharge of and was responsible for affairs of firm for conduct of business affairs of firm - Plea of partner that he already retired from firm - This fact has to be proved during trial - Quashing of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Petitioner represented herself as partner of Firm - However, cheque was not signed by her - More so, there is no specific averments in the complaint identifying role of petitioner towards act and conduct of business of Firm - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Cheque was signed by petitioner as an authorized signatory of partnership firm - Petitioner is vicariously liable though subject to trial - Petition for quashing dismissed...........
