Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admitted his signature on cheque and the fact that cheque belonged to his account, complainant had the benefit of presumption u/s 139 of the Act to the effect that cheque was issued towards discharge of debt or liability...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Insolvency and Bankruptcy Code, 2016, Section 14, 31, Indian Contract Act, 1872, Section 128 -- Proceedings against guarantor - Under SARFAESI Act when proceedings under IBC have been initiated against principal borrower and same pending adjudication -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Committee - Liability of - "...association of individuals" - Association of individuals should be of similar nature as companies and partnership firms - Committee thus comes within the purview of company as defined under the Explanation of S.141 of the Act - Accused Nos.2 & 3 who issued the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Permission for withdrawal of petition for recording of compromise - Compromise arrived at between parties - Accused discharged his liability by paying cheque amount - However, after filing petition for recording compromise, complainant refused to appear before Court - Since complainant had..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Necessary and specific averments ought to be mentioned in a complaint before a person is subjected to criminal prosecution and it is not enough if person accused is/was Director/CEO of company - It is obligation of complainant to clearly and unambiguously aver that person..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Mere designation of an officer in a company is not enough to make officer vicariously liable...........
Indian Penal Code, 1860, Section 34 -- Common intention - Vicarious liability - Foundation for conviction on basis of common intention is based on principle of vicarious responsibility by which a person is held to be answerable for acts of others with whom he shared common intention...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife proved her marriage with husband - She thus, discharged the initial burden - Though husband denied the marriage, but he failed to discharge liability of burden of proof upon him - Mere denial of marriage in written statement becomes meaningless without any evidence being adduced..........
Workmen, Section 3 -- Accident - Expiry of driving license - Liability of insurance company - License of employee/driver of lorry who met with an accident has not been renewed for a period of 3 years - Employer showed gross negligence in verifying the same - Employer has to, thus bear responsibility and consequent liability of permitting employee/driver to drive with an..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30(1) -- Rent and eviction - Arrear of rent - Any amount deposit by revisionist u/s 30(1) of the Act before or after institution of suit will not absolve respondent from his liability of depositing rent before competent Court...........
