Offense punishable under Section 138 of the Negotiable ...

Section 138: Partnership Firm Must Be Named as Accused in Complaints, Not Just Individual Partners.

March 11, 2016

Case Laws Indian Laws HC

Offense punishable under Section 138 of the Negotiable Instruments Act - it is very difficult for the Court to take a view that a partnership firm for the purpose of Section 138 read with Section 141 of the Act is not a legal entity, and therefore, it need not be made an accused in the complaint. - The prosecution launched against only one of the partners of the partnership firm, without joining the partnership firm, cannot be maintainable. - HC

View Source

← Previous Next →

Offense punishable under Section 138 of the Negotiable ...

Section 138: Partnership Firm Must Be Named as Accused in Complaints, Not Just Individual Partners.

March 11, 2016

Case Laws Indian Laws HC

You may also like:

Dishonour of Cheque - Seeking setting aside of summoning order - vicarious liability on partner of a firm - The name of the petitioner is conspicuously not mentioned as...

Dishonor of Cheque - insufficiency of funds - non - impleading of the partnership firm as accused in the complaint case - it was imperative on the part of the...

The HC dismissed an application concerning dishonor of a post-dated cheque under Section 138 of the N.I. Act. The Court held that the proceedings were fatally flawed...

In a case under Section 138 of the N.I. Act against partners of a firm, the HC held that compounding of the offense by one partner discharges the entire liability of the...

The HC upheld the order of the Revisional Court, declining to quash the complaint u/ss 138/141 of the NI Act against the petitioners, who were partners of the...

Dishonour of cheque - insufficient funds - vicarious liability of partners - The court concludes that the complaint filed under Section 138 of the Negotiable Instruments...

Prosecution against the partners - Offence punishable u/s 138 of the Negotiable Instruments Act - it is very difficult for the Court to take a view that a partnership...

Dishonor of Cheque - locus standi to file the complaint under Section 138 of NI Act - Since complainant specifically pleaded in the complaint that he is proprietor of...

Dishonor of Cheque - A proprietorship firm is neither a Company, nor a partnership firm. It is merely a business name. Although even a partnership firm is not a juristic...

Exemption u/s 10(26) - Exemption to individual members of Scheduled Tribes - Whether a partnership firm, formed by individual partners who are entitled to an exemption...

Addition made on account of bad debt - It is nothing but the assessee is trying to enjoy the benefit of section 36(1)(vii) of the Act through back door, which is not...

Rejection of registration of a partnership firm constituted by the petitioner - whether LLP can be treated as a person which can be permitted to form a partnership with...

Characterization of income - consideration received by the partner of a firm upon retirement from the firm - retirement benefit - any money received by the partner upon...

Interpretation of statute - Dishonor of cheque - enforcement of legal liability towards in Unregistered partnership firm - complaint filed by an unregistered firm u/s...

Characterization of interest income from the partnership firm as business income - Presumptive income @8% u/s 44AD - Interest and salary received by the assessee from...

Quick Updates: