Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Negotiable Instruments Act, 1881, Section 138(c), 139 -- 138(c) Proviso - Dishonour of cheque - Notice not issued by authorised representative of Bank - He had neither personal knowledge of facts nor produced original file - Accused rightly acquitted...........
Suits Valuation Act, 1887 -- Appellant who do not even claim to authorised representative of company can not question liability against company by filing appeal - Appellant can best question liability in personal capacity - However, appellant was Directory of company and also share holder, therefore, whatever liability company law impose upon appellant can not escape that..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Payee/holder in due course of cheque alone competent to file complaint u/s 138 of the Act - In case payee is company, complaint necessarily be filed in name of company - Company being juristic person can act only through representative authorised by Board of Directors..........
Registration Act, 1908, Section 17 -- Registration of a document - Law as to - (1) The Registering Authority may refuse to register a document if the language of the document is not understood by the authority. (S.19); (2) A document containing interlineations, blanks, erasures or alterations which are not signed or initialed may be refused to be registered by the..........
Representation of the Peoples Act, 1951, Section 36(5) -- Proviso Election - State assembly - Validity of nomination - Objection to - Rebuttal of - Held, proviso to S.36(5) of the Act u, mistakably shows that Returning Officer has been vested with discretion to fix time to enable a candidate to rebut an objection to validity of his nomination paper - Such a discretion has..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners of firm - Cheques shown to be signed by Respondent No.2 in capacity of authorised representative of Respondent No.1 - Material or record evidencing that Respondent No.2 participated actively in day to day..........
Industrial Disputes Act, 1947, Section 36(4) -- Authorised representative - Legal Secretary - The authorised representative of respondent No. 1 holding a licence under the Advocates Act and is also a member of the District Bar Association - Contention that he would not fall within ambit of Section 36(4) of the ID Act repelled...........
Industrial Disputes Act, 1947, Section 36(4) -- Authorised representative - Legal practitioner - Implied consent - The consent of the party must be specific and so has to be the leave of the Court - It should be at the beginning of the proceedings so that there remains no ambiguity in the status of the legal practitioner who appears after due consent and leave - Implied..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Company - Change/Substitution of authorised representative - Authorised representative who has left the company cannot remain authorised representative of the company - Order allowing change/substitution of authorised representative of company upheld. 2002(1) Civil Court Cases 13 (S.C.) followed...........
