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..........
Constitution of India, 1950, Article 142 -- Parties from different States - Settlement entered into between parties - Settlement deserves to be accepted - All proceedings pending between parties stands disposed of in terms of settlement - Decree of divorce by mutual consent granted as prayed by parties - Marriage between parties dissolved...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Proviso - Dishonour of cheque - Delay in filing complaint - Issue of limitation raised for the first time in appeal - Appellate Court did not commit any error in setting aside the judgment and directing complainant to file necessary application to condone delay in the trial Court...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Indian Penal Code, 1860, Section 420, 406, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to know about writing on cheque - Signatures admitted - Issue as to who filled up the cheque is to be examined at the time of final adjudication - Dismissal of application calls for no interference...........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately since 2004 i.e 18 years have passed - Chances of reconciliation are impossible, as matter was referred to mediation but report was one of failure - Nothing really subsists in the marriage except mutual acrimony -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Director of Company - Absence of specific averment that he is involved in day to day affairs of the company - General allegation that applicant is Director of company - Summoning order qua applicant quashed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company filed through General Manager, who was authorised to institute complaint by Managing Director - Managing Director was delegated the power by Board of Directors, powers in general for management and operation of the company and Managing Director was also empowered to delegate..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company filed through General Manager who was authorised to institute complaint by Managing Director - Knowledge of transaction with General Manager - Transaction between parties based on an agreement and General Manager appended his signatures to such document as a witness on behalf..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint filed by Company through General Manager - Indication in the complaint and the sworn statement (either orally or by affidavit) to the effect that complainant (Company) is represented by an authorized person who has knowledge, would be sufficient...........
