Articles for Section 141

S.138 NI Act | Director Who Signed Cheque Not Liable For Dishonour When Company Hasn't Been Added As Accused : Supreme Court
1 day, 11 hours ago

S.138 NI Act | Director Who Signed Cheque Not Liable For Dishonour When Company Hasn't Been Added As Accused : Supreme Court

Live Law  

The Supreme Court reiterated that the authorised signatory of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque drawn on the company's account unless the company is arraigned as the principal accused. The Sessions Court upheld the conviction, but the Calcutta High Court reversed it, ruling that the cheque …

Supreme Court Court Director Company Accused Held Fir
NI Act | College Cannot Be Equated To A Company, Principal Not Vicariously Liable For Signing Cheque: Madras High Court
6 days, 12 hours ago

NI Act | College Cannot Be Equated To A Company, Principal Not Vicariously Liable For Signing Cheque: Madras High Court

Live Law  

The Madras High Court recently quashed the proceedings initiated against a Principal of a college under Section 138 of the Negotiable Instruments for signing a cheque that was returned for “insufficient funds”. While doing so, Justice Anand Venkatesh held that the Principal had not signed the cheque in his individual capacity, and since a college could not be equated to …

Court College Liability Act Trustee Principal Managing
The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
7 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as …

Rajasthan Karnataka Odisha Delhi Supreme Court Maharashtra Gujarat
Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]
1 year ago

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]

Live Law  

SUBJECT WISE INDEX Abortion Foetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. Chandra Pratap Singh v. State of M.P., 2023 LiveLaw 870 : 2023 INSC 887 Advocates cannot claim right of legal representation under Industrial Disputes Act: Supreme Court answers reference. Customs Central Excise and Service …

Supreme Court High Court Court Gujarat Criminal Procedure Income Tax Haryana
Directors' Resignations Does Not Automatically Absolve Them Of Legal Responsibility For Dishonour Of Cheque Signed By Them: Jharkhand High Court
1 year, 2 months ago

Directors' Resignations Does Not Automatically Absolve Them Of Legal Responsibility For Dishonour Of Cheque Signed By Them: Jharkhand High Court

Live Law  

In a recent judgment, the Jharkhand High Court ruled against quashing criminal proceedings in a cheque dishonour case, emphasizing that directors' resignations from a company do not automatically absolve them of legal responsibilities particularly when the cheque was signed by them. Advocate AK Kashyap, the senior counsel representing the petitioners in both cases, emphasized that the petitioner, Pramod Shankar Dayal, …

Legal Court Resignation Criminal Proceedings Company Directors Signed
Supreme Court Annual Digest 2022- Negotiable Instruments Act
1 year, 11 months ago

Supreme Court Annual Digest 2022- Negotiable Instruments Act

Live Law  

Negotiable Instruments Act, 1881 Section 3 - Banker Negotiable Instruments Act, 1881 - Section 3 - ‘Banker’ includes any person acting as a banker and any post office savings bank. Pradeep Kumar v. Post Master General, 2022 LiveLaw 139 : 6 SCC 351 Section 13 - “Negotiable instrument” Negotiable Instruments Act, 1881 - Section 13 - Different principles apply for …

Court Negotiable Instruments Act Singh Act Para Patel Kumar
Supreme Court Quarterly Complete Criminal Digest [July - September 2022]
2 years, 1 month ago

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]

Live Law  

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. Kanchan Kumar v. State of Bihar, 2022 LiveLaw 763 Code of Criminal Procedure, 1973; Section 227-228 - Cause of death of the deceased …

India Karnataka Delhi Supreme Court High Court Board Bihar
'Right To Dissent Core Of Democracy': High Court Quashes 2009 Case Against Kerala CM, CPM Leadership Over 2009 Protest
2 years, 2 months ago

'Right To Dissent Core Of Democracy': High Court Quashes 2009 Case Against Kerala CM, CPM Leadership Over 2009 Protest

Live Law  

Quashing the criminal proceedings against 12 CPI Leaders, including the state Chief Minister Pinarayi Vijayan, Former CM V S Achuthanandan and Polit Bureau member Prakash Karat in a case alleging unlawful assembly and rioting, the Kerala High Court on Thursday said the right to dissent and the freedom of expression which is contrary to the views of the government is …

Kerala Assembly Constitution Court Criminal Protest Right
S.138 NI Act | Proprietor & Proprietary Concern Need Not Be Arrayed Separately As Accused: Karnataka High Court
2 years, 2 months ago

S.138 NI Act | Proprietor & Proprietary Concern Need Not Be Arrayed Separately As Accused: Karnataka High Court

Live Law  

The Karnataka High Court has held that a proprietary concern is not a separate entity and as such, ought not to be arrayed as a separate accused in a case registered under section 138 of the Negotiable Instruments Act. A single judge bench of Justice Suraj Govindaraj observed, "In a proceeding under Section 138 of N.I.Act, the arraying of a …

Kar Separate Concern Section 138 Of Ni Act Proprietary Concern Proprietor
Cheque Case Against Director/Partner Of Firm Can Be Quashed Only If There Is Unimpeachable & Incontrovertible Evidence That They Were Not Concerned With Issuance Of Cheque: Supreme Court
2 years, 3 months ago

Cheque Case Against Director/Partner Of Firm Can Be Quashed Only If There Is Unimpeachable & Incontrovertible Evidence That They Were Not Concerned With Issuance Of Cheque: Supreme Court

Live Law  

The Supreme Court observed that a High Court can quash a cheque case only if it comes across some unimpeachable and incontrovertible evidence to indicate that the Director/partner of a firm could not have been concerned with the issuance of cheques. In this case, the High Court quashed a cheque case against the accused on the ground that there was …

Evidence Court Case Liability Partners Complaint Firm
S.141 NI Act | Sole Proprietor Alone Can't Be Sued For Offence U/S 138, Sole Proprietary Concern Must Also Be Arrayed As Accused: P&H High Court
2 years, 3 months ago

S.141 NI Act | Sole Proprietor Alone Can't Be Sued For Offence U/S 138, Sole Proprietary Concern Must Also Be Arrayed As Accused: P&H High Court

Live Law  

The Punjab and Haryana High Court recently held that when a cheque issued by a sole proprietary entity is dishonoured, it is necessary to array the proprietary concern as an accused, along with the sole proprietor. It observed, When the statutory signification assigned to a 'Company', does visibly cover not only any corporate body, but also covers a firm, or …

Court Accused Complaint Petition Section 141 Sole Proprietor Sole Proprietary Concern
Supreme Court Monthly Criminal Digest August 2022 (Citations 647 - 726)
2 years, 3 months ago

Supreme Court Monthly Criminal Digest August 2022 (Citations 647 - 726)

Live Law  

Benami Transactions Amendment Act, 2016 - The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions. XYZ v. State of Maharashtra, 2022 LiveLaw 676 Code of Criminal Procedure, 1973; Section 156 - Magistrate has discretion in directing the police to investigate or proceeding with the case as a complaint case. Reliance Industries Ltd. v. Securities and Exchange Board …

India Karnataka Uttar Pradesh Maharashtra Criminal Criminal Procedure Organized Crime
Supreme Court Half Yearly Digest 2022 (Jan - Jun) Negotiable Instruments Act, 1881
2 years, 3 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) Negotiable Instruments Act, 1881

Live Law  

Code of Criminal Procedure, 1973; Section 482 - Negotiable Instruments Act, 1881; Section 138,139 - The Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption - In a situation where the accused moves Court for quashing even …

Court Criminal Procedure Singh Act Para Person Kumar
Supreme Court Weekly Digest 2022 With Nominal And Subject/Statute Wise Index [August 1 to7]
2 years, 4 months ago

Supreme Court Weekly Digest 2022 With Nominal And Subject/Statute Wise Index [August 1 to7]

Live Law  

Arbitration and Conciliation Act, 1996; Section 11, 7 - High Court order proceeds on an understanding that the Counsel for both the sides did not dispute the fact that a clause of the Contract Agreement provided for appointment of an arbitrator - An understanding of counsel, cannot be regarded as a binding statement of law on the existence of an …

India Kerala Supreme Court Constitution Tax Court States
Section 141 NI Act - Not Necessary To Specifically Plead That Managing Director Is In Charge Of The Company's Affairs : Supreme Court
2 years, 4 months ago

Section 141 NI Act - Not Necessary To Specifically Plead That Managing Director Is In Charge Of The Company's Affairs : Supreme Court

Live Law  

The Supreme Court observed that it is not necessary to make an averment that a Managing Director or Joint Managing Directors were in charge of and responsible for the conduct of the business of a company to make them accused under Section 141 of the Negotiable Instruments Act, 1881.The court reiterated that impleading of independent and non-executive directors of a …

Business Supreme Court Court Director Criminal Procedure Charge Company
Supreme Court Monthly Criminal Digest- May 2022
2 years, 6 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

India Kerala Delhi Trial Evidence Court Domestic Violence
Imposition Of Moratorium Under IBC Does Not Bar Complaints Against Natural Persons: Madras High Court
2 years, 10 months ago

Imposition Of Moratorium Under IBC Does Not Bar Complaints Against Natural Persons: Madras High Court

Live Law  

The Madras High Court in a Bench comprising of Justice N. Sathish Kumar in M/s. Muzain Hides held that as long as a moratorium under Section 14 of the Insolvency and Bankruptcy Code is imposed, proceedings under Section 138/141 of the Negotiable Instruments Act cannot be initiated against the Corporate Debtor. The counsel for the Petitioners alleged that since the …

Corporate Court Act Instruments Moratorium Persons Section 138
Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court
2 years, 11 months ago

Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court

Live Law  

The Supreme Court has observed that conviction with the aid of Section 149 of the Indian Penal Code is not sustainable when the co-accused have been acquitted, making the membership of the alleged unlawful assembly less than 5 and there are no unidentified accused in the case. To contend that the conviction was unsustainable in law, the counsel while referring …

Supreme Court Trial Assembly Court Conviction Ipc Convicted
Has Not The Apex Court Done Violence To Section 149 IPC?
3 years ago

Has Not The Apex Court Done Violence To Section 149 IPC?

Live Law  

I chanced to peruse a Judgment dated 23-11-2021 by a two – Judge Bench of the Supreme Court of India in Criminal Appeal No: 31 of 2019, forwarded to me by a senior Advocate of the Supreme Court. SECTION 149 IPC 1 If an offence is committed by any member of an unlawful assembly in prosecution of the common object …

High Court Assembly Court Medical Evidence Air Courts State
Section 138 NI Act - Summons To Directors Justified If Complaint Avers That They Were In Charge & Responsible For Conduct Of Business Of Company : Supreme Court
3 years, 2 months ago

Section 138 NI Act - Summons To Directors Justified If Complaint Avers That They Were In Charge & Responsible For Conduct Of Business Of Company : Supreme Court

Live Law  

The Supreme Court has reiterated that the summons issued by a Magistrate on a complaint under Section 138 of the Negotiable Instruments Act to the Directors of a Company is justified if the complaint contains the basic averment that they were in charge and responsible for the conduct of the business of the company.A bench comprising Justices Ajay Rastogi and …

Business Court Charge Complaint Directors Responsible Magistrate
[S.141 NI Act] Post-Retirement The Director Can't Be Held Responsible For Daily Affairs Of Company Including Cheques Issued And Dishonoured [Read Judgment]
4 years, 2 months ago

[S.141 NI Act] Post-Retirement The Director Can't Be Held Responsible For Daily Affairs Of Company Including Cheques Issued And Dishonoured [Read Judgment]

Live Law  

The Delhi High Court on Wednesday ruled that a person, who has retired as the Director of the Company, cannot be said to be in-charge of and responsible for the conduct of the day-to-day affairs of the Company, as contemplated in Section 141 of NI Act for being proceeded against. Facts of the Case The proceedings were initiated by the …

Court Director Company Respondent 2019 Act Responsible
[Section 68 FERA] Liability For Offence Depends On Role One Plays In Company Affairs And Not On Mere Designation Or Status: SC [Read Judgment]
4 years, 4 months ago

[Section 68 FERA] Liability For Offence Depends On Role One Plays In Company Affairs And Not On Mere Designation Or Status: SC [Read Judgment]

Live Law  

The Supreme Court has held that, for proceeding against a Director of a company for contravention of provisions of Foreign Exchange Regulation Act, 1973, the necessary ingredient for proceeding shall be that at the time offence was committed, the Director was in charge of and was responsible to the company for the conduct of the business of the company. The …

Court Director Company Person Offence Enforcement Directorate Section 68