Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Legally enforceable debt - Proof - Allegations that accused took loan for business purpose but no document on record to show as to where such amount has been withdrawn by complainant - Amount was given without executing any written document and without any interest is doubtful..........
Criminal Procedure Code, 1973, Section 374, Prevention of Corruption Act, 1988, Section 13(1), 13(2), Indian Penal Code, 1860, Section 120B, 201, 217 -- Appeal against Conviction - Illegal Gratification - Sample of Butaclore was drawn from the accused`s firm for analysis - Signature of appellant and co-accused were duly proved by the evidence of witnesses - It is proved..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Restraining defendant from using the trade mark `Heritage' - Amendment of written statement sought so as to plead that mark `Heritage' is a generic word and thus no person/company including plaintiff can claim exclusive use of the same and in the alternative to plead that it is defendant and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 34 -- Defamation - Publication of defamatory article in newspaper - No positive averments in complaint about petitioners having prior knowledge of publication or petitioners being directly responsible for publication of said imputation - No presumption u/s 7 of Press and Registration of Books..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Partnership firm - Petitioner shown as proprietor and reply to notice not given - Adverse inference cannot be drawn against petitioner...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Cheque issued in favour of proprietorship firm - Complainant not owner of proprietorship firm - Complaint not filed through general power of attorney - Nothing on record to show that complainant had at any point informed accused that he was not owner of proprietorship firm -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship firm - Complaint can be filed by (a) by the proprietor describing himself as the sole proprietor of the firm; (b) by firm through sole proprietor; (c) by sole proprietor or sole proprietorship firm through attorney holder under a power of attorney executed by the sole proprietor...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Shamilat deh - Exclusion from - Held, where property is partitioned and brought for cultivation before 1950 or was shamilat deh assessed as revenue land and held in individual cultivation and co-sharer in excess of share before 26.01.1950 could be excluded - What is necessary, therefore, is that..........
Essential Commodities Act, 1955, Section 7 -- Orissa Foodgrains Dealers Licensing Order, 1964, CI.3 - Storage for sale of foodgrains - Business of - Proof - On Stock-cum-Price Board displayed in shop it was indicated that Q.22.50 of Suan, Q.3.00 of Ragi and Q.3.26 of Jawar were in store for sale - At the time of visit to shop inspecting authority while verifying stock of..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Common purposes - Reservation of land - Presumption as to - Rebuttal - Held, mere fact that land earmarked for common purpose is not being used for said common purpose or it has remained in possession of proprietors or is being cultivated by them does not raise an inference..........
