Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of authorised signatory - Notice not given to company - Prosecution of authorised signatory also not sought u/s 141 of the Act as the person who was incharge of, and was responsible to the company for the conduct of its business - Process issued against accused quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, Power of Attorney Act, 1882, Section 2 -- Dishonour of cheque - A duly authorised power of attorney can file complaint on behalf of the payee or holder-in-due-course - So long as power of attorney does not seek to conduct prosecution on behalf of payee or holder in due course,..........
Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 2(21) -- Insurance claim - Repudiation - Light Motor Vehicle - Driving licence - Not having endorsement to drive transport vehicle - The goods/transport vehicle in question was having unladen weight of 2950 kgs and its laden weight 6950 kgs. which was less than 7500 kgs. prescribed for light..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by Director of Company on behalf of company - Documentary evidence not filed to show that he is Director of Company and has been authorised by the Company to file and depose on behalf of the company - Dismissal of complaint - Held, justified...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Writ petition challenging acquisition of land - Prayer for release of land from acquisition on the ground that the petitioners have constructed factory on the land under acquisition by taking permission from the Govt. Held - Having allowed the petitioners, by giving specific and explicit permission to change..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41(1), 42(1) -- Search and Seizure - Chance recovery of Ganja by Forest Officers - Forest Officers not authorised or empowered to search and seizure - It was incumbent upon them to inform the empowered Officer who should have immediately taken charge of investigation under the provisions of the Act - Mandatory..........
Civil Procedure Code, 1908, Section 38, 39, 42 -- Execution of decree - Powers of Executing Court - Sec. 38 provides that decree may be executed by the Court which passed it or by the Court to which it is send for execution - Sec. 42 indicates that the transferee Court to which the decree is transfered for execution will have the same powers in executing that decree as if..........
Criminal Procedure Code, 1973, Section 397, 401, Karnataka Forest Act, 1963, Section 71A -- Acquittal of accused in an offence under Forest Act - Revision - Filed by Authorised Officer - High Court dismissed same by holding that State is a necessary and proper party to file criminal revision and revision at the instance of Authorised Officer only is not maintainable -..........
Banking service -- Cheque encashment - Amount of Rs.1,20,000/- drawn on bearer cheque on forged signatures on the cheque - Cheque bore signature of only one authorised signatory whereas subsequent cheques bore the signatures of two authorised signatories - Bank failed to follow the procedure - Merely getting the address of the bearer and making him writ to his own..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If Company then person representing..........
