Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Managing Director/Joint Managing Director by virtue of their office are in charge of and responsible for the conduct of business of the company - They are liable even in absence of a specific averment against them - In case of director or an officer of company who signed the cheque on behalf of company they..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Prosecution of Deputy General Manager - He is not responsible to the company for the conduct of the business of the company - He cannot be made vicariously liable u/s 141(1) of the Act - For making him liable u/s 141(2) the necessary averments are required to be made...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Not a company - Wife proprietor of firm - Husband as authorized signatory of wife issued the cheque - Husband cannot be prosecuted as a person responsible for the conduct of the business of the proprietary concern run by the wife...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability of director - Held, to make a director of a company vicariously liable for the acts of company, it is obligatory on the part of complainant to make specific allegation as are required in law - In the instant case, apart from company, three directors..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - No notice was admittedly sent to petitioner/director before filing complaint u/s 138 of NI Act - Complaint liable to be quashed...........
Constitution of India, 1950, Article 141 -- Precedents - A little difference in facts or additional facts may make a lot of difference in precedential value of a decision - Ratio decidendi can act as binding or authoritative precedent and reliance placed on mere general observations or casual expression of court is not of much avail...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Partnership firm - Specific averments in complaint reveal that they looked after day to day affairs of the firm - Plea that petitioner was not a partner in firm - Such fact is to be established at trial - Documents of petitioner..........
Indian Penal Code, 1860, Section 141, 142, 149 -- Unlawful assembly - Formation of - Held, whether an assembly is unlawful or not would depend on various factors - Principal amongst them being a common object formed by members thereof to commit an offence specified in one or other clauses contained in S.141 of IPC - Constructive liability on a person on ground of being a..........
Indian Penal Code, 1860, Section 141, 142, 149 -- Unlawful assembly - Presence of accused - Held, presence of an accused while offence was committed is a sine qua non to find him guilty of being a member of unlawful assembly - If his presence is doubted, question of finding him guilty does not arise...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against partnership firm and its partners - Averment in complaint against accused Nos.2 & 3 that they were the partners of the firm and were responsible for all sort of business affairs of the firm - Criminal liability can be fastened against those partners who at the time of commission..........
