Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Mere designation as an office bearer of a company or society is not sufficient to attract S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - There is no deemed liability merely by virtue of holding an office or position in company or society...........
Partition suit -- Bar of jurisdiction of Civil Court in view of Ss.69, 100 of Kerala Co-operative Societies Act - Suit is one for partition of assets of a deceased member of Society - Dispute is strictly between legal heirs with regard to entitlement, as it relates to their inter se title - It has nothing to do with business of Society and not a dispute falling within the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Appellant/Treasurer of NGO signed the cheque - MOU entered into between the parties whereby appellant alone was responsible for all the rights and liabilities arising for or against the NGO - By virtue of MOU it is the appellant who becomes the drawer of cheque - Since appellant was only Treasurer..........
Service -- Promotion - Relaxation in educational qualification - Appellant has experience of 28 years of working in society - Case of appellant was recommended for promotion to post of Society Manager by Board of Directors and was approved and furthered by General Body - Registrar could not have disapproved the resolution, once it was validly passed by Board of Directors..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Central Service Co-operative Bank - Plea that Co-operative Bank does not fall within definition of `Banker' u/s 3 of the Act as it is not licensed by Reserve Bank of India - Supreme Court has emphatically held that essence of "banking" lies in the acceptance of deposits from the public repayable on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Withdrawal slip drawn on a co-operative Bank - Plea that instrument in question cannot be treated as a cheque is devoid of any merit - Substance of transaction, and not its form or nomenclature, is determinative - If the instrument operates as a mandate for payment drawn on an account maintained with an..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offences which have serious impact on Society cannot be quashed merely on basis of compromise between parties...........
Revenue entries -- Revenue entries indicating co-ownership in agricultural land cannot be treated as proof of exclusive ownership over specific plots created after development by society...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Locus standi to intervene in proceedings - Society or Resident Welfare Association not being a creditor in its own right and not recognized as an authorized representative of allottees under IBC has no locus standi to intervene in proceedings arising u/s 7 of Code...........
