Border Security Force Act, 1968, Section 80, 141, Border Security Force Rules, 1969, Rule 41 -- Offence by member of force - Trial by Security Force Court - Force has exercised his option for trial of accused immediately on submission of charge-sheet and before commencement of trial - Contention on behalf of State that after lodging of FIR, Force voluntarily handed over..........
Indian Penal Code, 1860, Section 149, 141 -- Unlawful assembly - Common object may also be developed at the time of incident...........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A -- Dishonour of cheque - Offence by company - Marking of reference to BIFR u/s 15(1) of 1986, Act - Not a ground to discharge accused - As per S.22 of 1986, Act, there is no bar to institute complaint against company u/s 138 of 1881 Act - When no..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by proprietorship firm - Quashing of complaint - Cheque issued in favour of respondent No.1/complainant on behalf of firm got dishonoured - Petitioners/accused prosecuted as partners of firm - Respondent No.1 was not sure whether said firm was..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of complaint - Petitioners were not Directors of Company on the date on which cheque was issued - Held, petitioners cannot be made liable vicariously u/ss 138 and 141 of the Act - Impugned complaint quashed and set aside qua..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of managing director - Quashing of - Company of which applicant is managing director has not been made an accused for offence in question which is said to have been committed by Company - Held, prosecution of applicant for..........
Criminal Procedure Code, 1973, Article 141 - - Precedent - Prospective overruling - Doctrine of - Full Bench decision of HC pertaining to shifting of forum of trial of certain cases from Magistrate to Court of Sessions overruled by SC - Effect - Held, trial of cases that were sent back from Sessions Court to Court of Magistrate First Class under orders of Full Bench may..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of director - Quashing of summoning order - Ample averments against petitioner to hold that there were sufficient grounds for proceeding against him and holding that he was in charge of and responsible for conduct of business of company -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Quashing of proceedings - Cheque issued on behalf of firm got dishonoured - Cheque in question signed by one Mr.'C' - Petitioner No.1 neither signed cheque nor is proprietor of firm - Held, petitioner No.1 cannot be held liable for..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by co-operative credit society - Accused issued cheque in question in capacity of Chairman of society - Resignation of accused from post of Chairman subsequent to issuance of cheques - Held, such resignation would not dilute his primary liability to answer as drawer of cheque - Mere public..........
