Constitution of India Articles
cheap jordans china 142(a) of the Negotiable Instruments Act, 1881 requires that no Court shall take cognizance of any offence punishable under section 138 except upon a complaint made in writing by the payee. Thus the two requirements are that (a) the complaint should be made in writing (in contradistinction from an oral complaint); and (b) cheap jordans retro the complainant should be the payee (or the holder in due course, where the payee has endorsed the cheque in favour of someone else). The payee, as noticed above, is M/s Shankar cheap jordans retro 6 Finance Investments. Once the complaint is in the name of the payee’ and is in writing cheap adidas , the requirements of section 142 are fulfilled. cheap jordans china
cheap jordans in china Hon cheap jordans ireland Supreme Court in the case of Vishwa Mitter v. cheap jordan shoe sites Poddar (1983) 4 SCC 701, has, inter alia, held that any special statute prescribes offences and makes any special provision for taking cognizance of such offences under the statute, then the complainant requesting cheap jordan 12 shoes the Magistrate to jordan retro 7 cheap take cognizance of the offence must satisfy the eligibility criterion prescribed by the Statute. hon Supreme Court in Shankar Finance Investments Vs State of Andhra Pradesh Ors. {2008 (10) Scale 654; Cr. Appeal No. 1449 of 2003; Date of Decision: 26 Jul 2008} held as follows (in para 7): cheap jordans in china
cheap Air max shoes 142(a) of cheap jordan slippers the Negotiable Instruments Act, 1881 requires that no Court shall take cognizance of any offence punishable under section 138 except upon a complaint made in writing by the payee. Thus the two requirements are that (a) the complaint should cheap jordan true flight be made in writing (in contradistinction from an oral complaint); and (b) the complainant should be the payee (or the holder in due course, where the payee has endorsed the cheque in favour of someone else). The payee, as noticed above, is M/s Shankar Finance Investments. Once the complaint is in the name cheap air jordans 8 of the payee’ and is in writing, the requirements of section 142 are fulfilled. Who should represent cheap jordans 2017 the payee where the payee is a company, or how the payee should be represented where payee is a sole proprietary concern, is retro jordans for sale cheap online not a matter that is governed by section 142 https://www.czjordanshoes.com , but by the general law. Para 8 of the judgment is reproduced below for cheap nike jordans uk ready reference. cheap Air max shoes
Cheap jordans As contrasted from a company incorporated under the Companies Act, 1956 which is a legal entity distinct very cheap jordans free shipping from its shareholders, a proprietary concern is not a legal entity distinct from its proprietor. A proprietary concern is cheap jordan retro 3 nothing but an individual trading under a trade name. In civil law where an individual carries on business in a name or style other than his own name, where to buy cheap air jordans he cannot sue in the trading name but must sue in his own name, though others can sue him in the trading name. Therefore, if the appellant in this case had to file a civil suit, the proper description of plaintiff should be “Atmakuri Sankara Rao carrying on business under the name and style of M/s Shankar Finance Investments, a sole proprietary concern”. But we are not dealing with a civil suit. We are dealing with cheap jordans for adults a criminal complaint to which the special requirements of section 142 of the Act apply. Section 142 requires that the complainant should be payee. The payee is M/s Shankar Finance Investments. Therefore in a criminal complaint relating to an offence under section 138 of the Act, it is permissible womens jordans for cheap to lodge the complaint in the name of the proprietary concern itself. In view of aforesaid, following inferences may be drawn: Cheap jordans
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cheap jordans on sale (A) In a criminal complaint to which the special requirements of section cheap real jordans mens 142 of the Act apply. Section 142 requires that the complainant should be payee. Therefore in a criminal complaint relating to an offence under section 138 of the Act, it is permissible to lodge the complaint in the name of: cheap jordans cheap air force ones on sale.