Madhu Mittal
20 June 2022 at 21:06
A Loan is given to a Proprietorship Firm on the basis of post dated cheque of Proprietorship Firm duly signed by its Proprietor and A Promissory note signed by his son as Authorised Representative of Proprietorship Firm. When cheque presented, it was dishonored due to Insufficient Fund . Legal notice was got issued to 1. Proprietorship Firm 2. Proprietor 3. Authorised Representative. No reply from anyone of three.Case u/s 138 was lodged and Cognizance was taken against all three, Proprietor and Authorised Representative got bail. Substance of accusation was stated u/s 251.Now An application for discharge without mentioning Section in trial court has been put by Authorised Representative taking pleas that there is no relation of his with Proprietorship Firm and he was falsely implicated. Now there is A Supreme Court three bench decision Named Adalat Prasad V Rooplal Jindal in which it was stated that now remedy for accused is only u/s 482, Trial Court can not review its decision.Now there is a Supreme Court Decision Named Raghu Lakshminarayan Vs. Fine Tubes Decided On: 05.04.2007 according to which Proprietor Concern is not a Company u/s 141 N I Act, so its employee can not be implicated as accused. The reasoning for this decision not 100 per cent correct, according to someone’s view and mostly based on civil law which is also not correctly interpretated.
Now u/s 141 N I Act , Company means ……….includes a firm or …..
Here as per someone’s interpretation, a Firm is written, not Partnership Firm. So there a strong pleas that ‘a firm” includes not only both Partnership Firm Registered and Unregistered, but Proprietorship Firm also. Reliance is placed on following namely :
1. HIGH COURT OF MADRAS ,Swathi Creations Vs. Sivanandham Agencies, Decided On: 17.12.2004 MANU/TN/1575/2004 2. HIGH COURT OF ANDHRA PRADESH, Y. Venkata Reddy Vs. Jagadamba Enterprises and Anr. Decided On: 03.01.2002 MANU/AP/0893/2002
2. at : https://marketbusinessnews.com/financial-glossary/firm-definition-meaning/ A firm is a commercial enterprise…sole proprietorship, ..
3. Payee Proprietorship can lodged case u/s 138 (SC decision in Shankar Finance and Investments Decided on 26.06.2008) whie in Civil suit not in Payee name
4. It is settled law that statutory provisions shall have precedents over the judicial pronouncements
Now Guidelines is sought on following points:
1. Whether SC decision Adalat Prasad V Rooplal Jindal is sufficient to get application of Authorised Person dismissed at Trial Court ?
2. What is the correct law whether Proprietorship Firm is a company or not u/s 141 N I Act ?
3. If Proprietorship Firm is a company u/s 141 N I Act, how to deal with SC Decision Raghu Lakshminarayan Vs. Fine Tubes a) at trial Court 2) at High Court u/s 482 3) Whether can be called decision per in curiam on the basis of above
4. Anything else, by which Proprietorship Firm can be recognized a company u/s 141 N I Act
5. Any other guidelines, so that application of Authorised Representative can be dismissed not only at Trial Court level, if necessity arises u/s 482 also.
Member (Account Deleted)
20 June 2022 at 11:08
Hello.im a bachelor.i have physical relationship with a married woman.That woman secretly captured our intimate videos and now blacmailing me for money.what can i do?
Anonymous
18 June 2022 at 21:27
Respected Experts in this platform,
I am a newly enrolled Advocate in a small district of Chhattisgarh, and I need a small favor so please help me out with some relevant judgments for husband's bail for charged under section 498A IPC.
All the facts logged in FIR are false, like same as every case out there that the husband had a dowry demand, mental torturous, etc.
please do help me with relevant judgments.
Anonymous
17 June 2022 at 13:35
I went to PS & lodged GDE. Police take action on GDE. But I am not happy upon police. Can I go to court for lodge FIR u/ s 156 (3) CRPC ?
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
17 June 2022 at 13:32
I went to PS & lodged GDE. Police take action on GDE. But I am not happy upon police. Can I go to court for lodge FIR u/ s 156 (3) CRPC ?
Anonymous
17 June 2022 at 13:22
I have file case under secy 156 crpc for non-enquiry by police.
In spite of court's order, police did not take quick action.
How can I approach court again against police inaction ?
Anonymous
16 June 2022 at 00:39
My child is totally neglected by his mother, as her mother is totally neglected him by not giving proper food, education, allow to meet with family members. Her mother is a characterless lady living in immoral life.
I want to properly investigate my claim under The Children Act 1960 & take child in my custody u/s 16 of the act.
Where should I lodge complain ?
Anonymous
14 June 2022 at 10:38
My son was married on year 2008. After a few months he saperated from me & moved to another place due to pressure of my daughter in law. My daughter in law naver came back to my house again.
On 2012 my daughter in law was saperated from my son.
On 2016 my daughter in law lodge 498 complain against my whole family while my wife was fighting with death. My wife was expired on 2016.
I have no relationship with my daughter in law from 2008 to 2016.
Police file Chargesheet against me & my wife.
Can I file any case against my daughter in law to teach her so that there type of torture will not be repeated against helpless any senior citizens ?
Anonymous
13 June 2022 at 18:14
During subsistance of marriage I have married again and committed Bigamy.
I get bail for Bigamy complain from my first spouse.
My second spouse leave me & remarried again, I have sufficient evidence. My second spouse cheated me by misleading me transfer all of my property ( movable & immovable) to her name & make my life miserable.
As per my second spouses written statement submitted in court, she is my legally married wife. She remarried again before divorce/ nullified / void of marriage.
Is it necessary for my second spouse to take divorce / nullity / void marriage decree form court before second marriage ?
Where should I lodge Bigamy complaint against my second spouse ? In court or in PS ?
Can I send my second spouse to jail for committed Bigamy ?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Recovery of movable property
Sir,
I have lodge FIR against XXX to whom I have entrusted to keep my gold ornaments.
She had kept my gold article in her house & some of the gold has been given to her daughter.
To quit refund of my gold article she intentionally lodge a FIR for theft against her daughter & send her daughter to unknown place.
Neither she nor her daughter are ready to refund.
Police did not take any step but ask money from me.
Can I approach court & state that police did nothing & asking money from me ?