Bihar and Orissa Tenancy Act, 1913, Section 5(2), 55(c) -- Suit for declaration of occupancy raiyat - Bar to institute suit - Disputed land belonging to Government recorded as canal - As per plaintiff, he took permission from ex-proprietor for cultivation of land in 1940 - However, plaintiff was 41 years old when he instituted suit in 1982 which shows that he was born in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Complaint against proprietor without impleading firm as party - Complaint is maintainable as proprietor himself is liable to pay amount of cheque as accused and complainant were having business transaction and cheque issued by accused (proprietor of firm) is in furtherance of..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Claim by wife and her daughter - Husband employed in the company of his brother and getting a salary of Rs.5,500 p.m - However, considering the enterprise run by brother of husband and the relationship of husband with proprietor of said concern, it is doubtful that husband is merely getting Rs.5,500..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Mere fact that surname of proprietor is wrongly mentioned, it cannot be said that notice is bad, particularly, when notice is correctly issued to proprietorship firm which issued the cheques...........
Civil Procedure Code, 1908, Section 151, Order 22 -- Death of one of plaintiffs - Substitution of LR - Suit filed by firm through its proprietor - Suit on behalf of deceased plaintiff can continue even without impleading his LR, in view of State amendment in CPC - However, without dilating to the question as to what would be the impact of death of plaintiff qua merits of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Proprietor of firm authorised her husband to sign the cheque - Merely because accused/proprietrix is not drawer of cheque does not exonerate her from criminal liability and hence accused is necessary party to proceedings...........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Death of proprietor - Proprietary concern can neither initiate proceedings nor proceedings be initiated against it - Proprietary concern cannot be impleaded as accused - Proceedings against proprietary concern quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Proprietor alone is liable - Concept of vicarious liability is not attracted in a case of proprietorship firm - Process issued against Manager of proprietorship concern, quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Substitution of complainant - Permissibility - Complaint u/s 138 of Act was lodged by a proprietary concern through its proprietor - During the pendency of trial, entire business of proprietary concern were taken over by a private limited company - Such company can seek substitution as a..........
Trade Marks Act, 1999, Section 27(2), 28 -- Passing of action - From the reading of S.27(2) of the Act, it is clear that the right of action of any person for passing off the goods/services of another person and remedies thereof are not affected by the provisions of the Act - Where rights of prior user are recognized superior than that of the registration and even the..........
