Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against company through Managing Director - No body named as Managing Director - Prosecution of company without naming any person as Managing Director is defective as even in case of holding Company guilty, no one can be sentenced - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company as accused No.2 - Complaint not filed assigning the role of accused No.2 specifically and therefore complainant against accused No.2 is not maintainable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/Corporation - Complaint by constituted attorney - Attorney not examined - No resolution of company in his favour either by Board of Directors of the complainant corporation or by Managing Director - Complaint not instituted through authorized person - Accused rightly acquitted...........
Companies Act, 2013, Section 339, 337 -- Liability for fraudulent conduct of business - Powers u/ss 339, 337 of the Act cannot be invoked against a person who may be head of some other organization and his or her assets cannot be freezed, as powers u/s 339 of the Act can be invoked against officers of Company in which mismanagement is alleged...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - PW9, witness of last seen evidence not supported prosecution case - PW8, other witness had not categorically deposed that accused and deceased had left together towards any particular direction - Statement of PW8 fails to establish circumstance of last seen of deceased in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Default in EMI - Complaint presented cheque in question for same EMI amount which was dishonoured - However, after settlement complainant presented another cheque towards full and final amount towards total outstanding amount which was also got dishonoured - Thus, earlier..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Complainant issued sanction letter in respect of term loan facility and sanction letter for rescheduling existing term loan and company executed term loan agreement and other loan related agreements and other accused executed agreement of guarantee and..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Plea of exclusion clause in policy - Tripartite agreement Between bank, cold store and farmers - Goods were kept in cold store on payment of rent by farmers - Goods were neither held in trust per se nor..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Non-disclosure of material particulars - Stock in trade was covered for a sum of Rs.30 Crores and premium was charged accordingly - In case insurance company has chosen not to verify the stock it cannot..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Insurance company contended that some of agreements are not genuine - However, as long as parties to agreement i.e bank, cold store and farmers are not disputing correctness of agreement, there is no..........
