Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Company - Declared a sick company by Board of Industrial Financial Reconstruction - Thereafter company making purchases and issuing cheque without disclosing that company is declared sick - Cheque dishonoured - Complaint cannot be..........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Cheque issued by Govt. company - BIFR declared the company sick - No impediment in initiating proceedings u/s 138 of the Act against company or its Directors...........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Suit for recovery of money against sick company - Maintainability - Recovery of electricity bill on account of non-payment is not protected u/s.22 of the Act - Suit u/s.22 of the Act held, not maintainable...........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) , 3, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Additional remedy - Deficiency in service - Debentures - Non payment of maturity amount - Company registered with BIFR - Plea that assets cannot be disposed off to make any payment and proceedings should be stayed u/s 22 of the SICA, 1985..........
Consumer Protection Act, 1986, Section 2(1),(b),2(1),(g), Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1) -- Fixed deposit - Company became sick - Plea that complaint not maintainable as the proceedings qua the respondent are pending repelled - Held that suit for recovery of money in respect of any loan or advance granted to the industrial company..........
Consumer Protection Act, 1986, Section 2(1),(b),2(1),(g), Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1) -- Fixed deposit - interest - Sick company - Matter pending before the BIFR - Company Law Board has also finalised a scheme for repayment of the deposited amount - As per scheme respondent is required to pay interest @ 14% p.a...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Dishonour of cheque - Company declared sick by BIFR - Held, S.22 of SICA does not create any legal impediment for instituting and proceeding with a criminal case u/s 138 of the Act - Summoning order upheld...........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 14, Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 193, 196, 228 -- Board or Appellate Authority under S.14 of Sick Industrial Companies Act shall be deemed to be a civil Court for the proposes of S.195 Cr.P.C. and every proceeding before the Board or the Appellate Authority..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 15, Industrial Disputes Act, 1947, Section 2(cc), 25O -- Mill - Closure - Mill declared as sick company under BIFR whereunder rehabilitation scheme was sanctioned - Orders became final - No possibility of the revival of the mill - Order of BIFR sanctioning scheme and order of Single Judge refusing to permit..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Sufficient cause - Delay of 64 days in filing appeal - Counsel fell sick much after the decision was rendered - Complainant had ample time to get the copy of the order which was issued on 19.01.2005 - Appeal filed on 30.03.2005 - For want of proof of the facts stated in the application it has to..........
