Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A -- Company - Dishonour of cheque - Pendency of proceeding under Section 22(1) of SICA alone is not sufficient to get absolved from the liability under S.138 of the NI Act...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A -- Company - Dishonour of cheque - Sick company - If BIFR has submitted report declaring a company as sick and also issued direction u/s 22A restraining company or its directors then question of maintainability of prosecution u/s 138 of NI Act would..........
Negotiable Instruments Act, 1881, Section 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Sick company - Dishonour of cheque - If commission of the offence under Section 138 of the NI Act was completed before the commencement of proceedings under Section 22(1) of SICA there is no hurdle in any of the provisions of SICA against the..........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Sick company - Dishonour of cheque - Criminal proceedings u/s 138 of N.I Act is not barred by S.22 of SICA...........
Negotiable Instruments Act, 1881, Section 138, 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1) -- Dishonour of cheque - Prosecution of sick company - Held, if commission of offence u/s.138 of NI Act was completed before commencement of proceedings u/s.22(1) of SICA there is no hurdle in any of the provisions of SICA against maintainability and..........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 3(1)(o) -- Cheque issued by Company - Dishonoured - Complaint filed and summoning order issued - Later on Company declared sick under Sick Industrial Companies Act - Held, it does not affect the proceedings - No ground to quash the complaint...........
Arbitration and Conciliation Act, 1996, Section 11, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Sick company - Proceedings u/s 11 of Arbitration Act are not covered by S.22 of SICA - No bar to appoint arbitrator u/s 11 proceedings...........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Operation of provisions of Section 22 - Effect - Proceedings covered by Section 22 stand stayed and cannot be proceeded with - Board to be moved to seek permission to proceed with the proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside exparte proceedings - Applicant old man of 85 years - On the date fixed in the case applicant was sick and even medical certificate has been appended - Applicant could not inform his counsel and thus the costs even were not paid on the date fixed - Keeping in view these factors past conduct does not assume much..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside of ex parte proceedings - Ordinarily if there are reasons beyond control and application submitted subsequently - Past conduct does not assume much importance - On the date of hearing, defendant was sick (medical certificate appended), could not appear in Court nor inform his counsel and thus costs even were not..........
