Land Acquisition Act, 1894, Section 3(e)(iii) -- `Company' - Substituted definition of the expression `company' shall include cooperative society, within the meaning of any law relating to cooperative societies other than those referred to in Clause (cc) of Section 3 of the Act - Such cooperative society shall be deemed to be a company, to which provisions of Chapter VII..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(3) -- Powers of BIFR u/s 22(3) - Held, powers can be segregated under two different heads - Firstly, power to suspend simplicitor the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or any other instrument in force, to which the sick..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1), 22(3), 22A -- SICA, a special statute - Jurisdiction of Company Court - Held, provisions of the Act of 1985 contained no, obstante clauses - It is a special statute which is a complete code in itself and that jurisdiction of Company Court in such matters would arise only when AAIFR and BIFR have..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 26, 32 -- Sick Industrial Company - Scheme for revival of - Applicability of SICA - Held, the Act of 1985 is a special legislation providing for imperative functioning of specialized bodies like BIFR and AAIFR and is intended to apply to a very specific situation, i.e., where a company is a sick industrial..........
Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Petitioners were erstwhile Directors of accused company - Proceedings initiated against them u/ss 120B, 420 and 409 IPC and S.138 of the NI Act - Petitioners sought quashing of proceedings on the ground that proceedings for winding up of company have been initiated and same are pending - Held,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Liability of officers - Held, every person who was i, charge of and was responsible to company for conduct of business of company, as well as company, is responsible for offence - A heavy burden is on the shoulder of such person to show that offence has been committed without..........
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147,..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Claim petition - Forged driving license - Liability of insurance company - Held, once original licence is forged its subsequent renewal does not make it a valid document - In present case, insurance company has discharged its onus that driver was not holding any valid driving licence by producing RW2 - This witness..........
Negotiable Instruments Act, 1881, Section 138, 141, 482 - - Dishonour of cheque - Quashing of proceedings - Proprietorship Firm - Liability of proprietor - Cheque has been issued by original accused No.1/Proprietorship Firm and signed by its Proprietor - Said cheque is drawn from bank account maintained by original accused No.1 - Held, it cannot be said that for dishonor..........
Motor Vehicles Act, 1988, Section 147 -- Insurance company - Liability of - Question as to whether vehicle is insured for the period 3.3.1997 to 2.3.1998 or 14.5.1997 to 13.5.1998 - Accident took place on 3.4.1998 - Postage Book of the Insurance Company shows that insurance policy was dispatched on 25th March, 1997 which clearly denotes that policy was taken prior to..........