Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company - Managing Director filed complaint on behalf of company - Name of Managing Director stated first followed by post held by him in the company - There is no fundamental defect in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - Managing Director filed complaint on behalf of company - No elaboration in complaint as to authorisation - A Manager or a Managing Director ordinarily by the very nomenclature can be taken to be the person in-charge of the affairs of Company for its day-to-day management - It..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - Managing Director filed complaint on behalf of company - Authorisation of Managing Director to file complaint - Copy of authorisation - Not required to be signed by Board Members - It is wrongly concluded that Managing Director was not authorised...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company - Managing Director filed complaint on behalf of company - Authorisation of Managing Director to file complaint - It states that legal action has to be taken against accused for dishonour of cheque issued by him to discharge his liabilities and he is authorised to appoint..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - No resolution on record by company authorizing complainant to file complaint against accused - Complaint dismissed...........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - There is no provision for transfer of an undertrial prisoner - However, Court in exercise of jurisdiction u/art 142 of Constitution can consider for transfer of prisoner from one State to another...........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - Plea of medical illness - If there are any medical ailments to accused, every care shall be taken by Jail Authorities, but at the same time on spacious plea of ill health by referring to minor ailments, accused cannot oppose relief as sought for in writ petition -..........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - Convict or an undertrial prisoner, who disobeys law of land, cannot oppose his transfer from one prison to another be a convict or an undertrial prisoner, Courts are not to be a hapless bystander when rule of law is being challenged with impunity - In such..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Compliant filed at a place other than that where cheque was presented for collection and dishonoured - On this ground complaint cannot be sustained, hence, quashed...........
Negotiable Instruments Act, 1881, Section 138, 142(c) -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction to try the case - As per S.142(c) of the Act, offence u/s 138 of the Act shall be tried by a Judicial Magistrate of first class or a Metropolitan Magistrate and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first..........
