Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioners are admittedly partners in a partnership Firm - Claim of petitioners are that loan is time barred - Whether loan was already time barred or whether loan was subsequently acknowledged can be decided only after trial and whether the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Once a notice has been issued and served upon a partner, it would be deemed to be a notice to firm as well...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was actively involved in multiple business ventures which included partnership firms and other investments such as shares and bank interests - Mere fact that deceased's share of ownership in these businesses ventures was transferred to deceased's minor children..........
Drugs and Cosmetics Act, 1940, Section 34 -- Offence by Company - Provisions contained in S.34 of the Act are equally applicable to case of a partnership firm...........
Drugs and Cosmetics Act, 1940, Section 34 -- Sub-standard drug - Offence by partnership firm - Partnership firm not impleaded as an accused - Directors or in-charge officers or persons responsible for conduct of day-to-day business of partnership firm, cannot be prosecuted for an offence which is deemed to have been committed by partnership firm, without impleading..........
Drugs and Cosmetics Act, 1940, Section 34 -- Sub-standard drug - Offence by partnership firm - No averments in complaint that petitioners are either incharge or responsible for conduct of day-to-day business of partnership firm - Continuation of proceedings against petitioners on the basis of complaint would be an abuse of process of law - Proceedings qua petitioners..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship firm - Burden to prove that it is a proprietorship firm lies on the complainant - Use of word `M/s' may also lead to an inference that it is a partnership firm - On the other hand, claim of complainant that it is a proprietorship firm not denied by accused - In such circumstances, it..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Firm not made an accused - Unless company or firm has committed the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable - Conviction of partner of the firm set aside...........
Partnership Act, 1932, Section 30(5) -- Partnership firm - Minor partner on attaining majority, has to elect to continue or not to continue as a partner, within six months of attaining majority and in case he fails to give such notice then he shall be presumed to continue to be a partner...........
Partnership Act, 1932, Section 30(5) -- Partnership firm - Minor partner - Not a partner at the time of attaining majority - Such minor partner shall not be liable for any past dues of the partnership firm when he was a partner being a minor...........
