Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Proceedings u/s 138 of the Act can be continued against natural persons i.e. erstwhile directors of accused no.1/company even after passing of order of liquidation by NCLT under provisions of IBC...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW2 who claims himself to be last seen witness went to his in-laws house when he got information that his mother/deceased was murdered there in night - He is thus, not a last seen witness who saw his mother in company of accused - PW2 did not see accused killing his mother - On..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Petitioners have not issued cheque and they have tendered their resignation much before issuance of said cheques - These are incontrovertible facts - Only a bald averment is made in complaint against them that..........
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...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint by Company - When issue of proper authorization to file complaint on behalf of company and having knowledge of the transaction between parties can only be an issue of trial, petition u/s 482 Cr.P.C to quash order taking cognizance cannot be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Plea that it is not stated the exact role of petitioner in the conduct of business of company - It is always open for the petitioner to substantiate his assertion that he was not responsible for the conduct of the business of the company by leading evidence which should be..........
Protection to life and liberty -- Live-in-relationship - Petitioner No.2 is a married woman and voluntarily gone to company of petitioner No.1 - Petitioners are facing grave danger from private respondents - Court is not adjudicating on validity of petitioners marriage or her decision of cohabiting with petitioner No.1, but adhering to its fundamental duty of guarding..........
Consumer Protection Act, 1986, Section 11, Telegraph Act, 1885, Section 7B -- Jurisdiction of Consumer Forum - Dispute between Telecom company and consumer - Existence of an arbitral remedy will not oust jurisdiction of consumer forum - District Forum thus, has jurisdiction to entertain and try consumer complaint regarding dispute between Telecom company and consumer...........
